* I can't think of any case where Downfall or the AVX vulnerabilities have been used in the wild. It seems too complicated/unnecessary to use in practice even a

* I can't think of any case where Downfall or the AVX vulnerabilities have been used in the wild. It seems too complicated/unnecessary to use in practice even against high-value targets. The lawsuit cannot demonstrate real damage or risk for the plaintiffs if the mitigation is just turned off. (It may be a real risk in other settings like Cloud hosting - but none of these companies filed or joined the lawsuit) * Even if we completely accepted the prosecution's dubious theory, the buyers had 5 years of decent use of the product. That's an acceptable period for warranties and a typical personal computer lifetime.