Entertaining controversies...

Monday, August 13, 2007

AMD's fight to restore competition to the IT industry delivers freedom of choice to consumers everywhere?

Off the cuff, Intel's recent aggressive tactics in forcing a tripartite partnership with AMD and the One-Laptop-Per-Child Project showed clearly that scruples were an unknown factor in its business principles.

Granted, Intel was able to sell its own version at a price less than that of the AMD-chip equipped original equipment; however, that factor alone forced the project initiators to bring Intel onboard, bearing in mind that, sooner or later, the question would boil down to which chipset to use: Intel's or AMD's.

Anyway, AMD has upstaged Intel in Europe by suing to expose Intel's marketing secrets in court:

[.....ADVANCED MICRO DEVICES, INC., a
Delaware corporation, and AMD
INTERNATIONAL SALES & SERVICE,
LTD., a Delaware corporation,
Plaintiffs,

vs.

INTEL CORPORATION, a Delaware
corporation, and INTEL KABUSHIKI
KAISHA, a Japanese corporation,
Defendants......

NATURE OF THE ACTION
1. Like Standard Oil at the turn of the Nineteenth Century and Alcoa Aluminum
during the Twentieth, Intel holds a monopoly in a market critical to our economy:
microprocessors that run the Microsoft Windows and Linux families of operating systems
(hereinafter the “x86 Microprocessor Market”).

Although AMD competes with Intel in this
global market, Intel possesses unmistakable and undeniable market power, its microprocessor
revenues accounting for approximately 90% of the worldwide total (and 80% of the units).

2. Just like Standard Oil and Alcoa before it, for over a decade Intel has unlawfully
maintained its monopoly by engaging in a relentless, worldwide campaign to coerce customers
to refrain from dealing with AMD. Among other things,
• Intel has forced major customers into exclusive or near-exclusive deals;
• it has conditioned rebates, allowances and market development funding on customers’
agreement to severely limit or forego entirely purchases from AMD;.....

3. Intel’s economic coercion of customers extends to all levels – from large
computer-makers like Hewlett-Packard and IBM to small system-builders to wholesale
distributors to retailers such as Circuit City. All face the same choice: accept conditions that
exclude AMD or suffer discriminatory pricing and competitively crippling treatment.....

4. Intel’s conduct has become increasingly egregious over the past several years as
AMD has achieved technological leadership in critical aspects of microprocessor architecture.
In April 2003, AMD introduced its Opteron microprocessor, the first microprocessor to take
x86 computing from 32 bits to 64 bits – an advance that allows computer applications to
address exponentially more memory, thereby increasing performance and enabling features not
possible with just 32 bits.

Unlike Intel’s 64-bit architecture of the time (Itanium), the AMD
Opteron – as well as its subsequently-introduced desktop cousin, the AMD Athlon64 – offers
backward compatibility, allowing PC users to continue using 32-bit software as, over time,
they upgrade their hardware.

Bested in a technology duel over which it long claimed
leadership, Intel increased exploitation of its market power to pressure customers to refrain
from migrating to AMD’s superior, lower-cost microprocessors.

5. Intel’s conduct has unfairly and artificially capped AMD’s market share, and
constrained it from expanding to reach the minimum efficient levels of scale necessary to
compete with Intel as a predominant supplier to major customers.

As a result, computer manufacturers continue to buy most of their requirements from Intel, continue to pay monopoly prices, continue to be exposed to Intel’s economic coercion, and continue to submit to artificial limits Intel places on their purchases from AMD. With AMD’s opportunity to compete thus constrained, the cycle continues, and Intel’s monopoly profits continue to flow.

6. Consumers ultimately foot this bill, in the form of inflated PC prices and the loss
of freedom to purchase computer products that best fit their needs. Society is worse off for
lack of innovation that only a truly competitive market can drive.

The Japanese Government recognized these competitive harms when on March 8, 2005, its Fair Trade Commission (the “JFTC”) recommended that Intel be sanctioned for its exclusionary misconduct directed at AMD. Intel chose not to contest the charges.....]

The punchline in all these technical and legal maneuvering is probably best summed up in AMD's statement, as follows:

[.....Government procurement regulations in many countries including the U.S., member states in the European Union, Japan and countries in Latin America, prohibit government agencies from issuing vendor specific procurement solicitations, that call out specific brand or product names.

When government agencies issue vendor solicitations that prevent competition, they are unable to compare product costs and performance. At best, government agencies risk making purchases without knowing that they are buying the best product for their needs at the best price. At worst, they risk using taxpayer dollars to buy inferior products at inflated prices.

AMD is committed to working with governments around the world to combat unfair and often times illegal practices in order to improve competition, promote product innovation, and save taxpayers money.

Download an executive summary of AMD's U.S. government procurement economic study, entitled Improving Federal Procurement: The Benefits of Vendor-Neutral Contract Specifications]

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Greenville, Rhode Island bakery owned by the Cavanagh family, which uses the plant to produce church communion bread from just water and bread. That business is known to produce about 850 million sacramental wafers annually and to supply 80% of the Holy Communion bread used in American, Australian, Canadian, and British churches. The only middlemen in the supply chain are nuns living in convents! Now they want to expand to West Africa with their Christian sacramental ware for Pentecostal, Catholic, 'New Wave', and Orthodox church offerings. I make reference to the so-called New Wave churches - my term for those churches that broke away from the orthodoxy of the Protestant fold, just as the latter roke off from the Catholic church by virtue of the exploits of Martin Luther centuries ago. Many new-wave and other church goers in the generally undeveloped West African subregion of Africa pay more to religious organizations in monthly tithes and offerings than they do to their government in personal income and value added taxes. Now, that last fact is quite interesting because it is an admission that a bakery in Rhode Island has seen a huge market in the center of Black Africa for small white perfectly laminated and non-crumbly holy wheat bread, reportedly costing "less than a penny" apiece, for the use of both the bible-reading and the bible-believing religious organizations. However, the picture from the Cavanagh's factory floor speaks volumes, in my own opinion, about the need for the company to watch its business ethics and to treat all customers equally irrespective of location, creed, or other discriminatory demographic information or criteria. So, I just hope and pray that the wafers falling off the conveyor belt and by the way side are not destined for West Africa and that the actual wafers delivered will be wheat bread and water, and not just glutamate-free bread and 'pure' water, if you get my point, even if so requested by some shady, greedy, and unethical businessmen over in West Africa. Posted by Okonkwo O. Awa on Sunday, December 28, 2008.

In the summer of 2007, Pope Benedict XVI (BXVI) encouraged The Church to reach out to young people using new technologies, as he himself learned to send out cellphone text messages to the faithful. So in obedience, a tech savvy evangelizing Catholic priest got some help from a Web designer in order to write all the daily books of prayers into a low-cost computer software application downloadable onto the iPhone. Rev. Paolo Padrini's iTunes prayer book was officially approved by The Vatican's Pontifical Council for Social Communications in December 2008. Of course, all proceeds from the electronic prayer book venture will go to charity. Speaking of charitable behavior, The Holy See has seen it fit after 400 years to honor Galileo Galilei in 2009 as the "patron" of the non-mutual exclusivity of the faith versus reason dichotomy. That is very appropriate in this age of new technology, even though The Church still smarts from its error of judgment in calling the famous astronomer a heretic after he publicly embarrassed The Church by reporting that his scientific observations in Astronomy with his unique telescope had led him inexorably to believe that the Earth actually revolved around the sun, in direct opposition to the teaching of The Church at the time that Planet Earth was the center of the universe. In seeking to paint the Church in a new light of worldly knowledge by distancing itself from a past of imbibing pure dogma, The Vatican may have ventured to cross the final frontier and boundary between Science and Christianity by acknowledging recently that there could be life on planets other than the Earth! Posted by O. O. Awa on Wednesday, December 24, 2008.
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