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 Technology Stocks | Advanced Micro Devices - Moderated (AMD)


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To: fastpathguru who wrote (269854)5/8/2012 6:20:02 PM
From: Elmer Phud of 272562
 
Wait, what the hell happened to "presumption of innocence" and "not having charges filed?" Guess that only applies to Intel...

That's why I said "apparently" illegal. Did you miss that?

It is illegal to give false and misleading statements that can have a material effect on the company's share price. I believe it can be established that AMD did exactly that on multiple occasions spanning many years. It can be proven that AMD knew their statements were false when they made them and they also knew that had they revealed the true condition of any of their past few products under development it would have had an adverse material effect on not only their share price but also their design commitments from customers who were taking AMD at their word. While disclaimers warn about product uncertainties, they do not disclose that AMD could be lying to the customer, providing false information for the purpose of deceit. It might be argued that the customers either knew or should have known that AMD couldn't be believed for a second in any statement they make, but which standard applies would be up to a Court of Law to decide. Clearly AMD had been lying, even if the customers were stupid enough to believe them in the first place.

The difference between AMD's "gift" and Intel's "gift" is that Intel is/was a dominant firm with financial and supply leverage over DELL. AMD was not a dominant firm and had no leverage over HP. The "gifts" are not equivalent.

The difference between Intel's "rebates" and AMD's "bribes" is that Intel remained at a profit after the rebates and discounts. AMD's bribes were offered straight out of the shareholders pocket leaving AMD poorer as a result. Perhaps you might argue that AMD had no other customers for those 1,000,000 units so they were going to be written off anyway, but that hardly strengthens AMD's case.

Boy I must be crazy thinking that "but stalled when the FTC insisted on unprecedented remedies – including the restrictions on lawful price competition and enforcement of intellectual property rights set forth in the complaint" talks about unlawful price competition and enforcement of IP rights set forth in the complaint.

Yes you must be. The words "unlawful price competition" are your words and don't appear in Intel's statement. As you can see, Intel was describing why the issue wasn't settled earlier. As it was subsequently settled, it is clear that the FTC backed down on their demands. Intel did not agree to license it's IP to all comers and the other draconian requirements were dropped as well, hence the settlement. Get it now? The FTC caved or there would have been no settlement and it would have been headed for Court. The "tough measures" spelled out in the settlement are only tough to you because you assume Intel was acting illegally in the first place. As you can see, there were no detrimental effects of the settlement on Intel's business because Intel wasn't doing anything illegal in the first place.

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From: Elmer Phud5/8/2012 7:11:00 PM
of 272562
 
AMD Can Reach $8 On Market Share Gains In Notebooks And Servers


forbes.com 

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From: Elmer Phud5/8/2012 7:19:47 PM
of 272562
 
AMD's CTO stumps for company's intellectual property By Larry Dignan | May 8, 2012, 2:34am PDT

Summary: AMD is a so-called “solutions company,” but it sure sounds like one that wants to be valued for its patents.

AMD CTO Mark Papermaster appears to want the chip maker to be valued more on its intellectual property.

And why not? It’s a bull market for patents these days.

In a talk at the Jefferies global technology and telecom conference in New York, Papermaster outlined the AMD intellectual property case. Papermaster was a former executive at IBM and Apple.




<more>

zdnet.com 

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To: Elmer Phud who wrote (269853)5/8/2012 9:06:57 PM
From: rzborusa of 272562
 
rzborusa, why are you waiting for yourself to get back to you? I would think you'd have a direct line...

Glad to hear you're short those calls. May I ask which month?
Are you ok EP. I was hoping you could answer, er riddle me, some pseudo response.

Yes, of course you can ask. Go ahead, any time you are ready ask. See, how do you like it. The answer to your question, before you ask, is July.

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To: rzborusa who wrote (269858)5/8/2012 9:52:59 PM
From: Elmer Phud of 272562
 
Perhaps you should go back to your post and see who it was addressed to?

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To: Elmer Phud who wrote (269859)5/8/2012 10:07:10 PM
From: rzborusa of 272562
 
I knew I was responding to my own post. I should have at least put your name in the salutation. Thanks for reading anyway.

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To: rzborusa who wrote (269860)5/8/2012 10:24:49 PM
From: Elmer Phud of 272562
 
I knew I was responding to my own post

Of course you did...

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To: Elmer Phud who wrote (269861)5/8/2012 11:28:08 PM
From: rzborusa of 272562
 
There are only four people here, counting you and MM. Consider yourself demoted from L1 to L2.

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From: Elmer Phud5/9/2012 10:19:15 AM
of 272562
 
RPT-Abu Dhabi fund Mubadala plans $5.5 bln spending in 2012

-

Its semiconductor unit ATIC had an accumulated deficit of 4.1 billion dirhams ($1.12 billion)as of the end of 2011 and made losses in the past two years, Mubadala said in the filing.

mobile.reuters.com 

Parts is Parts

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To: Elmer Phud who wrote (269855)5/9/2012 11:05:25 AM
From: fastpathguru of 272562
 
It is illegal ... [Bad AMD, blah blah blah] ... Clearly AMD had been lying, even if the customers were stupid enough to believe them in the first place.
Perhaps you could document these fairy-tale crimes. I won't hold my breath for anything substantial.

The difference between Intel's "rebates" and AMD's "bribes" is that Intel remained at a profit after the rebates and discounts. AMD's bribes were offered straight out of the shareholders pocket leaving AMD poorer as a result. Perhaps you might argue that AMD had no other customers for those 1,000,000 units so they were going to be written off anyway, but that hardly strengthens AMD's case.
A) There is/was no "case" for AMD to defend... It's another fairy tale that exists only in your mind. Can't say the same for Intel's "rebates."
B) You just cannot bear to contemplate that "dominance" (as in, "abuse of dominant position") is a meaningful distinction, in the legal sense. If you can't agree that market power has relevence in the subject of antitrust law, your opinions about subject are meaningless.

Boy I must be crazy thinking that "but stalled when the FTC insisted on unprecedented remedies – including the restrictions on lawful price competition and enforcement of intellectual property rights set forth in the complaint" talks about unlawful price competition and enforcement of IP rights set forth in the complaint.

Yes you must be. The words "unlawful price competition" are your words and don't appear in Intel's statement.
Did I say "unlawful?" Oops, habit <tee hee>. I guess you have permission to ignore the remedies for Intel's so called "lawful price competition" practices in the complaint that were prohibited in the settlement.

As you can see, Intel was describing why the issue wasn't settled earlier.
Yes, the FTC demanded remedies. The remedies that Intel couldn't accept were set forth in the FTC complaint.

As it was subsequently settled, it is clear that the FTC backed down on their demands. Intel did not agree to license it's IP to all comers and the other draconian requirements were dropped as well, hence the settlement. Get it now? The FTC caved or there would have been no settlement and it would have been headed for Court. The "tough measures" spelled out in the settlement are only tough to you because you assume Intel was acting illegally in the first place.
A) You're overblowing the "license it's IP to all comers" issue: The only IP-licensing difference between the complaint and settlement is that Intel isn't required to license it's equivalents to Hypertransport. BFD IMHO.
B) The other "draconian requirements" the FTC "ceded?" 1) Intel still gets to badmouth competitors' GPUs (LOL) and 2) Intel gets to make design decisions that could harm competitors' GPUs, as long as they can show that the design decisions improve the performance of their CPUs. Again, BFD.
C) What demands did the FTC cede to Intel regarding rebates? NOTHING.

Surely you're not proposing that there was a stricter set of FTC remedies that were demanded, and then retracted, all in secret? As in, The Dog

Note that none of these "FTC concessions" relate to any of AMD's complaints.

As far as AMD goes, whatever wasn't handled by the AMD settlement was handled by the FTC settlement.

Pooh pooh all you want; AMD got everything it asked for. Intel got to not admit guilt.

As you can see, there were no detrimental effects of the settlement on Intel's business because Intel wasn't doing anything illegal in the first place.
How do you know? Does your fantasyland include an alternate timeline that didn't include all of the various fines and prohibitions that you can compare the real world against?

Regardless, how could AMD have possibly survived in a market where Intel was free & clear to give huge, tailored "rebates" to OEMs to "meet comp"? Has Intel ever had a greater lead on AMD than now, and yet AMD has 20%+ and growing market share?

fpg

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