Question Intel's future after Pat Gelsinger

Page 14 - Seeking answers? Join the AnandTech community: where nearly half-a-million members share solutions and discuss the latest tech.

jpiniero

Lifer
Oct 1, 2010
15,900
6,384
136
"Creating an arm's length foundry relationship now risks crippling the only company theorectically capable of innovating across the entire stack – from fundamental physics (atoms) to software (python)."

Staying on the bleeding edge of foundries requires an eff ton of money. Which Intel doesn't have.
 
Jul 27, 2020
23,075
16,243
146
Staying on the bleeding edge of foundries requires an eff ton of money. Which Intel doesn't have.
Kickstarter for $100 billion. Every contributor with minimum $1000 contribution may choose between a future Core i9 ES (delivered as soon as it becomes available) or release sample fabbed on the process technology they helped to fund.
 

marees

Senior member
Apr 28, 2024
891
1,177
96
And being able to build the fabs to pump out enough volume of said cutting edge nodes requires an even larger amount of money.
That money has to come from data centre GPUs

This is possible one of 2 ways
  1. TSMC invests in intel fab to allow manufacture of data centre GPUs
  2. Broadcom shifts from TSMC to Intel fabs for data centre GPUs (unlikely)
Best bet for Intel now is that Trump forces TSMC to invest 20% in its fab & Intel data centre GPU plans kick off
 

mikegg

Golden Member
Jan 30, 2010
1,881
490
136
I said x64, or also known as AMD64.
I don't understand what your point is. My point is that both AMD and Intel hold patents that are needed to make a modern x86 CPU. So what if Intel's acquirer loses access to AMD64? AMD will lose access to Intel's patents as well.
 

Win2012R2

Senior member
Dec 5, 2024
741
740
96
Source on this?
Simple logic - the idea of cross licensing agreement was to prevent 3rd party taking over AMD (or Intel) without permission of the other party, that can only ever work if either party can still use cross licensed patents even if the other party sold out, otherwise it's a gun to the head of the whole business as smaller party like AMD could have fallen to aggressive take over specifically for that purpose, no lawyer at Intel (or anywhere) would have allowed this not to be taken into account in the agreement - otherwise it would basically be pointless.

AMD was small at the time but no lawyer there would have allowed this clause to be one sided (ie Intel can change control but AMD can't), nobody at Intel would have objected that either because nobody would have seriously thought it would EVER be an issue for Intel.
 

mikegg

Golden Member
Jan 30, 2010
1,881
490
136
Simple logic - the idea of cross licensing agreement was to prevent 3rd party taking over AMD (or Intel) without permission of the other party, that can only ever work if either party can still use cross licensed patents even if the other party sold out, otherwise it's a gun to the head of the whole business as smaller party like AMD could have fallen to aggressive take over specifically for that purpose, no lawyer at Intel (or anywhere) would have allowed this not to be taken into account in the agreement - otherwise it would basically be pointless.

AMD was small at the time but no lawyer there would have allowed this clause to be one sided (ie Intel can change control but AMD can't), nobody at Intel would have objected that either because nobody would have seriously thought it would EVER be an issue for Intel.
Where does it state in the legal language that AMD will retain access to Intel's x86 IP but Intel's acquirer does not retain access to AMD's?
 

TimCh

Member
Apr 7, 2012
59
67
91
The agreement clearly states that the non-terminated party will keep all the rights, if Intel (or AMD) is acquired they will automatically terminate the agreement due to the change of control clause.

So AMD will not loose any access to Intel patents in any scenario where Intel is acquired or split up.


“…. but the rights and licenses granted to the non-terminated Licensed Party(ies) (including without limitation the Terminating Party and all of its non-terminated Subsidiaries) shall survive such termination of this Agreement subject to the non-terminated Licensed Party’s(ies’) continued compliance with the terms and conditions of this Agreement.”
 

poke01

Diamond Member
Mar 8, 2022
3,301
4,546
106
The agreement clearly states that the non-terminated party will keep all the rights, if Intel (or AMD) is acquired they will automatically terminate the agreement due to the change of control clause.

So AMD will not loose any access to Intel patents in any scenario where Intel is acquired or split up.


“…. but the rights and licenses granted to the non-terminated Licensed Party(ies) (including without limitation the Terminating Party and all of its non-terminated Subsidiaries) shall survive such termination of this Agreement subject to the non-terminated Licensed Party’s(ies’) continued compliance with the terms and conditions of this Agreement.”

Hmm seems kinda monopolist. This is no better than what ARM did to Qualcomm or at least tried to do.
 
Jul 27, 2020
23,075
16,243
146
If AMD ends up being the owner of everything x86, the courts would encourage them to license it out to at least one party so AMD won't remain a monopolist for long.
 

Anon_lawyer

Member
Sep 8, 2014
57
9
71
The agreement clearly states that the non-terminated party will keep all the rights, if Intel (or AMD) is acquired they will automatically terminate the agreement due to the change of control clause.

So AMD will not loose any access to Intel patents in any scenario where Intel is acquired or split up.


“…. but the rights and licenses granted to the non-terminated Licensed Party(ies) (including without limitation the Terminating Party and all of its non-terminated Subsidiaries) shall survive such termination of this Agreement subject to the non-terminated Licensed Party’s(ies’) continued compliance with the terms and conditions of this Agreement.”
This is wrong. You’re reading Section 5.2(d)(I), which applies in the case of termination by notice of breach, Section 5.2(a), or termination by bankruptcy, Section 5.2(b). It does not apply to Section 5.2(c), termination by change of control.

The effects of a termination by change of control are found in Section 5.2(d)(ii) which reads:

In the event of any termination of this Agreement pursuant to Section 5.2(c), and subject to the provisions of Section 5.2(e), the rights and licenses granted to both Parties under this Agreement, including without limitation the rights granted under Section 3.8(d), shall terminate as of the effective date of such termination.​

5.2(e) relates to rights in bankruptcy, and 3.8(d) deals with subsidiaries. In a change of control the agreement is terminated for both sides.
 

Joe NYC

Platinum Member
Jun 26, 2021
2,906
4,270
106
The agreement also covers newer instructions like AVX10.

AMD already has all the rights to all of the current Intel instructions.

So if there is a takeover of Intel, AMD has Copyright to all of Intel instruction sets / extensions developed up to the day of the takeover, but the acquiring company loses Copyright to AMD instructions, namely x86-64.
 

Joe NYC

Platinum Member
Jun 26, 2021
2,906
4,270
106
No, it didn't. It comes from common sense.

Intel and AMD own x86 patents. They have a cross licensing agreement. If Intel gets acquired, and the cross licensing agreement is automatically cancelled, that means AMD no longer has a license to use Intel's x86 patents.

People here are assuming that Intel's x86 patents are gifted to AMD in case Intel gets acquired. That's weird. No. Intel's owner would own the x86 patents. Without a new cross licensing agreemeent, Intel's new owner will sue AMD to prevent them from making x86 chips. In addition, Intel's new acquirer will not be able to make x86 chips either. It's mutual destruction.

That's why this is a non-issue. Any Intel acquirer will simply negotiate a new cross licensing agreement - maybe the exact same contract even.

I'm not a lawyer, but I'm guessing this clause is in there to provide any acquirer the freedom to renegotiate a new agreement.

Patents are secondary, and they also expire.

Key to cross license is Copyright to the instruction sets, and that Copyright is practically permanent, for ~100 years.
 

Joe NYC

Platinum Member
Jun 26, 2021
2,906
4,270
106
This is wrong. You’re reading Section 5.2(d)(I), which applies in the case of termination by notice of breach, Section 5.2(a), or termination by bankruptcy, Section 5.2(b). It does not apply to Section 5.2(c), termination by change of control.

The effects of a termination by change of control are found in Section 5.2(d)(ii) which reads:

In the event of any termination of this Agreement pursuant to Section 5.2(c), and subject to the provisions of Section 5.2(e), the rights and licenses granted to both Parties under this Agreement, including without limitation the rights granted under Section 3.8(d), shall terminate as of the effective date of such termination.​

5.2(e) relates to rights in bankruptcy, and 3.8(d) deals with subsidiaries. In a change of control the agreement is terminated for both sides.

This is my understanding how it works:
1. Termination due to change of control, triggers the above

2. Section 5.3 - Survival. (what survives the termination)
"Survival. The provisions of Sections 1, 2, 3.4, 3.5, 4.1, 5.2(d), 5.3, 6 and 7 will survive any termination or expiration of this Agreement as a whole."

3. Key sections there are 3.4 and 3.5, which is exchange of each others Copyrights. They survive to surviving company (AMD) but die with company taken over (Intel in this case). 3.4 and 3.5 are reciprocal. Here is 3.4 that survives to AMD:

3.4 "Intel Copyright License to AMD. Subject to the terms of this Agreement, including without limitation Section 5.2(e), Intel grants to AMD, for use in or with an AMD Licensed Product, licenses under Intel’s copyrights in any Processor instruction mnemonic for an instruction developed by Intel, and the related opcodes, instruction operand mnemonics, byte format depictions and short form description (not to exceed 100 words) for those instructions, to copy, have copied, import, prepare derivative works of, perform, display and sell or otherwise distribute such mnemonics, opcodes and descriptions in user manuals and other technical documentation. No other copyright license to AMD is provided by this Agreement other than as set forth in this paragraph, either directly or by implication or estoppel."

Reciprocal Section 3.5 would die with Intel

3.5 AMD Copyright License to Intel. Subject to the terms of this Agreement, including without limitation Section 5.2(e), AMD grants to Intel, for use in or with an Intel Licensed Product, licenses under AMD’s copyrights in any Processor instruction mnemonic for an instruction developed by AMD, and the related opcodes, instruction operand mnemonics, byte format depictions and short form description (not to exceed 100 words) for those instructions, to copy, have copied, import, prepare derivative works of, perform, display and sell or otherwise distribute such mnemonics, opcodes and descriptions in user manuals and other technical documentation. No other copyright license to Intel is provided by this Agreement other than as set forth in this paragraph, either directly or by implication or estoppel.
 
Last edited:

Joe NYC

Platinum Member
Jun 26, 2021
2,906
4,270
106
If AMD ends up being the owner of everything x86, the courts would encourage them to license it out to at least one party so AMD won't remain a monopolist for long.

No, if the acquiring company has $100 billion to pay for Intel, AMD can ask $100 billion from the acquiring company to pay for new cross license. (as a starting bid).

There is no law under which Intel shareholders get $100 billion and AMD gets zero, the court confiscates AMD property.
 
Reactions: Tlh97 and coercitiv
sale-70-410-exam    | Exam-200-125-pdf    | we-sale-70-410-exam    | hot-sale-70-410-exam    | Latest-exam-700-603-Dumps    | Dumps-98-363-exams-date    | Certs-200-125-date    | Dumps-300-075-exams-date    | hot-sale-book-C8010-726-book    | Hot-Sale-200-310-Exam    | Exam-Description-200-310-dumps?    | hot-sale-book-200-125-book    | Latest-Updated-300-209-Exam    | Dumps-210-260-exams-date    | Download-200-125-Exam-PDF    | Exam-Description-300-101-dumps    | Certs-300-101-date    | Hot-Sale-300-075-Exam    | Latest-exam-200-125-Dumps    | Exam-Description-200-125-dumps    | Latest-Updated-300-075-Exam    | hot-sale-book-210-260-book    | Dumps-200-901-exams-date    | Certs-200-901-date    | Latest-exam-1Z0-062-Dumps    | Hot-Sale-1Z0-062-Exam    | Certs-CSSLP-date    | 100%-Pass-70-383-Exams    | Latest-JN0-360-real-exam-questions    | 100%-Pass-4A0-100-Real-Exam-Questions    | Dumps-300-135-exams-date    | Passed-200-105-Tech-Exams    | Latest-Updated-200-310-Exam    | Download-300-070-Exam-PDF    | Hot-Sale-JN0-360-Exam    | 100%-Pass-JN0-360-Exams    | 100%-Pass-JN0-360-Real-Exam-Questions    | Dumps-JN0-360-exams-date    | Exam-Description-1Z0-876-dumps    | Latest-exam-1Z0-876-Dumps    | Dumps-HPE0-Y53-exams-date    | 2017-Latest-HPE0-Y53-Exam    | 100%-Pass-HPE0-Y53-Real-Exam-Questions    | Pass-4A0-100-Exam    | Latest-4A0-100-Questions    | Dumps-98-365-exams-date    | 2017-Latest-98-365-Exam    | 100%-Pass-VCS-254-Exams    | 2017-Latest-VCS-273-Exam    | Dumps-200-355-exams-date    | 2017-Latest-300-320-Exam    | Pass-300-101-Exam    | 100%-Pass-300-115-Exams    |
http://www.portvapes.co.uk/    | http://www.portvapes.co.uk/    |