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Intel Responds to Complaints About Microcode Benchmarking Ban

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Re: Intel Responds to Complaints About Microcode Benchmarking Ban

#41
post #32

From a legal point of view can you limit free speech through a end user license agreement? Free speech is protected by the first amendment, many countries basic legal laws. If some challenged it and it went to the high court how would it likely judge?

Yes, free speech in some legal systems (including the US) includes the right to sell your speech (and restraint from speech is also a form of speech.)

Re: Intel Responds to Complaints About Microcode Benchmarking Ban

#42
post #8
post #3

How do you gaffe this bad? How is someone that incompetent in the decision making loop? Some random engineer creating the ucode or uploading it to the web doesn't come up with this kind of idea to change license language. These are edicts from management. I'd love for that conversation to leak in full.

That language is likely derived from a path similar to this: "Marketing department" -- We are sick of seeing the world complain that our patches to these problems reduce performance by X percent. Hey "Legal Dept", can anything be done about that? "Legal Dept" -- We will see what we can do... Result, a new clause appears in the license file that says "no bench-marking". With no one in the path ever having heard of the…

I refuse to believe the entire marketing department is dense enough not to see how that would backfire.

Re: Intel Responds to Complaints About Microcode Benchmarking Ban

#43
post #8

Earlier quoted context omitted.

That language is likely derived from a path similar to this: "Marketing department" -- We are sick of seeing the world complain that our patches to these problems reduce performance by X percent. Hey "Legal Dept", can anything be done about that? "Legal Dept" -- We will see what we can do... Result, a new clause appears in the license file that says "no bench-marking". With no one in the path ever having heard of the…

I refuse to believe the entire marketing department is dense enough not to see how that would backfire.

Legal probably thought they could silently issue C&D letters to offending sites and bully compliance.

Re: Intel Responds to Complaints About Microcode Benchmarking Ban

#44

Earlier quoted context omitted.

Free speech is a protection that the government can't take away, but you can give it away of your own volition. Think NDAs.

I'm not a US citizen but I seem to be more aware of what the 1st amendment actually entails more than a seemingly large proportion of actual citizens, surely you guys learn that stuff at school? Is it just presented really dryly and so kids don't pay attention?

Our civics education has really gone downhill for decades.

Re: Intel Responds to Complaints About Microcode Benchmarking Ban

#45
post #8

Earlier quoted context omitted.

That language is likely derived from a path similar to this: "Marketing department" -- We are sick of seeing the world complain that our patches to these problems reduce performance by X percent. Hey "Legal Dept", can anything be done about that? "Legal Dept" -- We will see what we can do... Result, a new clause appears in the license file that says "no bench-marking". With no one in the path ever having heard of the…

I refuse to believe the entire marketing department is dense enough not to see how that would backfire.

Does it really take the entire marketing department for the story to play out this way? It just takes one marketing person to send one email to the right one lawyer in legal, right?

Re: Intel Responds to Complaints About Microcode Benchmarking Ban

#47
post #8

Earlier quoted context omitted.

That language is likely derived from a path similar to this: "Marketing department" -- We are sick of seeing the world complain that our patches to these problems reduce performance by X percent. Hey "Legal Dept", can anything be done about that? "Legal Dept" -- We will see what we can do... Result, a new clause appears in the license file that says "no bench-marking". With no one in the path ever having heard of the…

I refuse to believe the entire marketing department is dense enough not to see how that would backfire.

Looks like marketing department is running with an acting part time head - https://www.oregonlive.com/silicon-forest/index.ssf/2018/05/...

Re: Intel Responds to Complaints About Microcode Benchmarking Ban

#48
post #46

So has anyone broken the currently EULA and published benchmarks with the new microcode updates anyway?

Intel has. Here are some benchmarks: https://www.intel.com/content/www/us/en/architecture-and-tec...

So basically the fix is to disable hyperthreading?

Re: Intel Responds to Complaints About Microcode Benchmarking Ban

#49

Earlier quoted context omitted.

> the poster speculated that it was the EULA for a beta version of the microcode I don't see how this changes anything at all.

Because people are irrational and clickbait runs rampant. If they contract testing of the beta to a 3rd party, they don't want them running benchmarks because if they get released, news organizations will jump on it, broadcasting the performance hit. This matters because when later beta versions improve performance, the news about the improved performance doesn't spread nearly as much. Even if it does, the first impr…

Amazing how many people are still doing mental gymnastics to give Intel the benefit of the doubt. This should have stopped being the default position a while ago.

Re: Intel Responds to Complaints About Microcode Benchmarking Ban

#50

Earlier quoted context omitted.

Free speech is a protection that the government can't take away, but you can give it away of your own volition. Think NDAs.

I'm not a US citizen but I seem to be more aware of what the 1st amendment actually entails more than a seemingly large proportion of actual citizens, surely you guys learn that stuff at school? Is it just presented really dryly and so kids don't pay attention?

This argument has been repeated so much, I'm going to try to explain. I'm not a lawyer, but this is what I learned in school in the US. There are numerous examples of voluntarily giving up your right to free speech. In the United States there are criminal and civil suits. You won't be criminally charged by the government for your free speech about CPU benchmarks, but if you actually agreed as part of a contract to not disclose benchmarks in order to get something, then you can be successfully sued by an organization or individual in a civil suit. They can't throw you in jail but they can take your money.

I highly suspect the same thing is true in most first world countries, otherwise a lot of companies wouldn't be able to do business because it would be illegal to keep trade secrets. What did they tell you in school?

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