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"could not possibly prove" [without violating the license]. That doesn't invalidate the Cloud Company's claim, it only offers Intel an opportunity to countersu

"could not possibly prove" [without violating the license]. That doesn't invalidate the Cloud Company's claim, it only offers Intel an opportunity to countersue. In that case, they can likely only sue for copyright infringement damages.

LeifCarrotson 8y ago
What are the teeth on an admitted-in-court EULA violation? Looking at the license, the only thing it grants the end-user and which Intel could revoke is the license to use the software: > Subject to the terms and conditions of this Agreement, Intel hereby grants to you a non-exclusive, non- transferable right to use the Software (for the purpose of this Agreement, to use the Software includes to download, install, and access the Software) listed in the Grant Letter solely for your own internal business operations. You are not granted rights to Updates and Upgrades unless you have purchased Support (or a service subscription granting rights to Updates and Upgrades). So yeah, they could revoke your license to the update and leave you with a lot of insecure silicon...but that's what you had before the update (and, in all likelihood, what you still have after the update, just with a known flaw patched and the system lots slower). I don't even think they could sue you for copyright infringement, because you're not violating copyright, you're violating the EULA.
da_chicken 8y ago
I didn't say it was particularly strong. The point is that it's something. Intel could claim that it's there because benchmark software impact performance itself, and so they're explicitly making no claim of warranty when it's present. The point isn't that it's going to stick, just that it's more stuff to muck up the the legal process with to delay judgement. Weighed against the normal risks of someone actually reading the EULA, it seems like a minor thing that may help in some way.

LeifCarrotson 8y ago

What are the teeth on an admitted-in-court EULA violation? Looking at the license, the only thing it grants the end-user and which Intel could revoke is the license to use the software: > Subject to the terms and conditions of this Agreement, Intel hereby grants to you a non-exclusive, non- transferable right to use the Software (for the purpose of this Agreement, to use the Software includes to download, install, and access the Software) listed in the Grant Letter solely for your own internal business operations. You are not granted rights to Updates and Upgrades unless you have purchased Support (or a service subscription granting rights to Updates and Upgrades). So yeah, they could revoke your license to the update and leave you with a lot of insecure silicon...but that's what you had before the update (and, in all likelihood, what you still have after the update, just with a known flaw patched and the system lots slower). I don't even think they could sue you for copyright infringement, because you're not violating copyright, you're violating the EULA.

da_chicken 8y ago

I didn't say it was particularly strong. The point is that it's something. Intel could claim that it's there because benchmark software impact performance itself, and so they're explicitly making no claim of warranty when it's present. The point isn't that it's going to stick, just that it's more stuff to muck up the the legal process with to delay judgement. Weighed against the normal risks of someone actually reading the EULA, it seems like a minor thing that may help in some way.