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Politics : Formerly About Advanced Micro Devices

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To: steve harris who wrote (78063)	10/31/1999 11:31:00 PM
From: Bill Jackson	Read Replies (2) of 1582943

steve, When a good is imported and a US person/company has indicated it may infringe the rights of that US person/Co Customs can hold it for a period to allow the company to make it's case and for the importer to defend it's case. This is either 60 or 90 days...I forget which. At the end of that time it must be relased to the importer or the person who asks for the hold must post a triple value bond to keep holding it for longer. If the person is wrong then they forfeit their bond to the importer. You are correct that most US Customs agents would not know....but they hold and ask Intel and the importer to make their cases, and then they make a decision based on what they see from both parties. Now if it is legal for a via 133 chipset to be used for an Athlon mobo then there is no problem as all importers will say they are for AMD parts, and that would be correct.The problem is they were for Intel CPUs and then they would have to lie and say they were for AMD use and when it came out they would be toast as the CPU sockets are the same , but the parts and electrical connections differ, so they will not do that. With a lawsuit going on where Via can cite an agreement then Customs will generally let the courts decide. Where customs acts to stop is clear cut violation where(Fake rolex watches, fake MSFT CDs etc) it is obvious that an infringement exists or where there is a court precedent. With both side arguing about the interpretation of an agreement between Via I doubt that US customs sould stoop to interpreting the agreement in Intels favor, and if they did a friendly to AMD federal judge in Texas would soon start the mobos flowing. No customs service from any country wants to become the de facto personal police force for anyone. They are supposed to impersonal enforcers of US customs policy and they are not supposed to show bias. After all there is the agreement to cite and even if Via is wrong it will be a long legal fight before the agreement is examined in court and all aspects defined to the point where the US Customs service can be used to halt the goods. It may be possible for the chip sets themselves to enter the country and even mobos with no chipset on them to enter the country and the two put together later. This is done anyway as they often make the mobos, then test them on a bed of nails tester and then plant the chipset on a known good mobo. Lots af ways. Intel will also starve their own users if via is kept out. Do they expect to supply all the chipsets?, that sure looks like an arrow to the heart of all mobo makers...who would them become AMD lovers bigtime. Bill

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