My buddy bought a brand new 4u server, direct from HP, about year and a half ago. Guess what it had for CPU's. Engineering samples! He owns that box and can sell whatever he wants to out of it, including said ES proc's. In this country possession is 9 tenths the law. i.e. "In a property dispute (whether real or personal), in the absence of clear and compelling testimony or documentation to the contrary, the person in actual, custodial possession of the property is presumed to be the rightful owner. " A court of law likely would NOT side with intel if for some reason they wanted them back.
ok this is very bad..
did your buddy get it from HP direct?
was the server itself marked ES?
Because HP is at fault and they can get into serious legal issues.
And yes Intel can ask for them back, however HP would be totally in the liability to reimburse your buddy by replacing the CPU's or refunding you.
That's very interesting, didn't know that OEMs sold systems with ES chips. You learn something new every day
this is illegal.
ES's are the sole property of intel.
ES's should never be sold period, as they belong to intel and are on LOAN.
99.99999% of the time intel does not ask for them back, however when you receive a ES from legitimate channels, after signing NDA's and other stuff, you are asked to destroy the cpu's when testing is done and not allow it to be circulated to the public.
Violation of this agreement can lead to intel refusing your contract, and other legal ramifications. There also have been people who intel has persecuted in court for selling ES's as well as demanding the CPU back or criminal charges be enforced.
They probably don't even test them, I'm pretty sure you don't send the chip back to Intel, but a third party.
they do test every one of them.
Well from what i last knew they did.
They loved receiving dead cpu's because they would nit pick dismantle the thing in hopes to learn how it failed and work up counter measures against it. However now i dont know if it would completely apply, but when i was testing cpu's my sponsor would love each and every cpu i returned, as it would give him credit to intel and they would reimburse him sometimes at a ratio of 5:1.