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Politics : Formerly About Advanced Micro Devices

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To: Ali Chen who wrote (33950)	7/6/1998 12:51:00 PM
From: Dale J.	Read Replies (1) of 1574097

Ali, Can a product be 300MHz and 266MHz simultaneously? What if some evidences will be found that those parts can pass both 300 and 266 "definitions" and therefore are "essentially" identical? In this case there may be no difference from the B&L case. No. Here is the difference. Intel manufactures and markets two products a 300mhz (deluxe) and a 266mhz (standard). In other words two very distinct and definable products. Right? Now, Intel ran out of the 266mhz (standard) product, so they substituted to the consumer a 300mhz (deluxe) product at 266 (standard) prices. The key points are that there are indeed two products and at no time was the consumer defrauded. Mhz was part of the product definition, so either the consumer got what they asked for (300mhz for 300mhz price), or they got something better (300mhz for the price of 266mhz). It may have been deceptive for Intel to remark it, but it was a deception without the intent to defraud. The B & L case had only one product. Just because B&L called it two different products deluxe and standard, didn't make it so. If Intel has "clear definitions" as you seem to imply, there should be no problem to run corresponding tests on questionable parts and find out that the parts are identical. Therefore, you may think of the standard product (266MHz) as being sold as deluxe (300MHz) product, with all implications about "damages"... No. That never happened - see my above explanation. If Intel knowingly sold a 266mhz for the price of a 300mhz. Then there is trouble in Intel-land. I think this case is a goldmine for smart lawyers. Well anytime you sue Intel or Microsoft, you have the potential for big $$$. The law firm can also gain national exposure in the press. But that doesn't make it right. Or winnable for that matter. I would not underestimate them. That is true. Frivolous lawsuits are filed everyday. And the law of large numbers dictates that some of those lawsuits are unfortunately going to prevail. A case in point is Digital. Digital was sued for not providing a warning that the keyboard can cause RSI (repetitive stress injury). The jury awarded the plaintiffs over $5 million. It was overturned however on Appeal. But it just goes to show you can never predict what a jury will decide. Dale

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