To: Scumbria who wrote (49471 ) 8/12/2000 7:00:07 AM From: NightOwl Respond to of 93625 Scumbria, This situation is rapidly moving from a campy sequel, The Bride Of Chipzilla , to the disgusting predictability of an Alien Resurrection v4.0 . It is readily apparent that no matter how deeply you and Billow drive the stake into this DRDRAM "sillycon", Jim K., is never going to accept that the stuff is not worth the price and Estephen appears just about ready to "give birth" to the Grand Mother Of All Conspiracy Theories. McComas, Robertson, Semico, Tom's Hardware, Univ. Michigan, Univ. Maryland, JEDEC, MU, Garber, Larry, Moe, Curly,... literally everyone and anyone who has refused to contract away their rights to free speech, and EVEN INTC's own posted performance numbers, says that DRDRAM isn't up to the job of beating out SDRAM, let alone DDR. Yet folks are compelled to support it. Well, I know exactly how they feel. Loyalty is a marvelous thing; but I sincerely hope the buy & holders out there have done some DD on the prospects of the litigation which is now unfolding. And it wouldn't hurt to place some calls to the IR office and let them know your concerns. IMVO, there is every chance in the world that most of the top ten DRAM fabs would rather reach an agreement with RMBS than litigate. I can't quote you numbers, but there are probably thousands of disputes that are settled for every one that goes to litigation through the courts and to a final judgement. Moreover, with patents in hand and substantial financial risks to the DRAM guys and their customers, they HAVE to have a bottom line number that they'd agree to pay for a level playing field and fair recognition of the relative value of their own IP portfolios. The question is whether or not RMBS is willing to be reasonable. The Fabs are not going to give RMBS carte blanche to set the value of their SDRAM IP. They aren't going to agree to disproportionate royalties and fees. But most of all they will never agree to a framework which calls for RMBS to get its cut off the top, without also sharing in the future risk of below cost SDRAM sales. To date I haven't seen anything to indicate that RMBS is willing to negotiate on such terms. Up until the DRAM guys met with INTC, I don't recall the concept of negotiation period figuring prominently in any of their public comments. Just like their overstated claims of DRDRAM's immanent market domination they have always publicly "declared" what the royalties and fees would be, leaving the Fab guys to deal with it or go into some other line of work. After the DRAMURAI/INTC anti trust conference, the public rhetoric was toned down. Still, I see no signs of industry wide negotiations, rather than the old divide and conquer approach. I can't see a workable resolution to the problem without MU, NEC/Hitachi, Samsung, and Infineon all involved in the discussions. RMBS had leverage out the whazoo as long as the threat of market dominance by DRDRAM (whether through INTC's insistence or otherwise) was a possibility. But that's gone bye-bye. If the Fabs stop producing DRDRAM in the next year, which they could easily be forced to do if their customers aren't buying it, RMBS will be between a rock and a hard place. Their revenues will be in serious trouble without something from their SDRAM/DDR IP. As I see it, and I could easily be wrong, the only possibility for RMBS to counter that potential threat is to obtain an temporary injunction against one of the major Fabs from producing SDRAM/DDR without paying their IP fees. But the odds on that must be exceedingly low. And without that, lengthy litigation will be hard on them. Tate can manage analysts with the best of them; but if he listens to the lawyers, sooner or later the market is going to get tired of waiting for revenues. Somebody needs to talk some sense into RMBS. A half percent of the net and peace is better than 2 percent of zip and the risk of death for the multi years of this kind of litigation. 0|0