BusinessWeek Examines the Rambus Legal Saga 118
An anonymous reader writes "Now that three companies have admitted to colluding to fix DRAM prices in what has turned out to be a global conspiracy BusinessWeek takes a look at the why. The most recent to admit guilt was Samsung and no one, as yet, knows precisely why they did it. The short answer seems to be because they didn't want Rambus' memory technology, DR-DRAM to succeed in the market. The more complicated answer is that now that Samsung, Infineon and Hynix have all admitted to fixing prices, they're now lawsuits from Rambus alleging that their motivation was to "kill Rambus" by making it too expensive for it to be attractive for PC manufacturers. Today in San Francisco, lawyers for Rambus are going to argue for the release of a set of documents currently under seal, that they think could go a long way toward proving their case. If nothing else, the timing of the price-fixing, which ran from 1999 to mid-2002 is suspicious, because that was about the same time that the DRAM companies would have been resisting pressure to adopt Rambus."
Article text in case of slashdotting (Score:1, Informative)
The chip-technology designer fights in court for rivals' documents that may bolster its defense against an FTC antitrust complaint
It's a matter of public record that at least three companies participated in a global conspiracy to manipulate the prices of computer memory chips. The U.S. Justice Dept. settled the issue by handing down more than $600 million in fines against the businesses, most recently Samsung in October. What isn't known, though, is why they did it.
And Rambus (
Re:Article text in case of slashdotting (Score:2)
Re:Article text in case of slashdotting (Score:2)
Re:Article text in case of slashdotting (Score:2)
"What's more, the documents could bolster Sit straight! Rambus' defense in the separate antitrust case brought by the FTC."
Re:Price Fixing the wrong way? (Score:1)
Ira
Sad story (Score:5, Interesting)
Re:Sad story (Score:3, Insightful)
Re:Sad story (Score:4, Informative)
Unfortunately, this is what you get when you pretend to support capitalism but actually have your government artificially subsidize all sorts of companies (through patents, tax breaks, and freedom from the responsibilities individual humans have). The successful companies are the ones who maximize their profits, and if there are minimal negative consequences for some vile act, they'll perform it eagerly. [end of rant]
Re:Sad story (Score:2, Insightful)
Indeed, Rambus could be considered a standard "patent factory" -- a company that produces nothing and relies on the patent system to siphon profits from the people who do actual development.
Rambus did not produce nothing; they designed and implemented a very high performance memory bus architecture. This technology was matured to the point that it was practical and stable to implement on high-volume, quality products such as the Sony PlayStation 2 and a variety of higher-end Intel chipsets and motherbo
Re:Sad story (Score:1)
Re:Sad story (Score:2)
Short Memory (Score:2, Informative)
The funny thing is that Rambus purposefully destroyed the incriminating documents that showed that the company had a strategy of submarine patents, and the US Judge at the first trial (and subsequent appeals)
Only a good thing to collude against rambus (Score:5, Interesting)
to me the first situation is abuse of the patent system to pull cash out of everybody and the latter is just a democracy decision by many ram manufacturers to ensure rambus didn't succeed in the greedy cash grab.
I'll take democracy thanks
Re:Only a good thing to collude against rambus (Score:5, Insightful)
Your "democracy" is currently illegal, so you better do something other then post to slashdot if you want to protect it.
Having said that, I don't think price fixing is good. And this was price fixing. Do you know what happens when companies get together to collude towards a certain price against a competitor (not that this has been proven, but from what I've read, I don't feel it's much of a leap)? Once the competitor dies, they raise the prices. Don't think this was about keeping the price low. It wasn't. This was about big companies protecting themselves against a little start up. Why they felt the need to do so is beyond me. Obviously Rambus had something worthwhile to offer, which they found easiest to combat via illegal business practices.
And to those who will point out Rambus is currently under litigation via an appeal process, to paraphrase someone from the article Rambus's illegal practices is "irrelevant" to the conspiracy against them by at least these 3 companies. Two wrongs don't make a right.
Regardless of what I think, it's quite possible for once that the truth will get out in the court.
Re:Only a good thing to collude against rambus (Score:2, Insightful)
It wasn't a rambus product that was being combated it was rambuses abuse of patents to extort huge high prices from actual manufacturers of RAM (rambus only own IP, they do not produce anything) for the privilege of producing RAM to a standard that many manufacturers got together to design, but rambus patented and tried to force their patents int
Re:Only a good thing to collude against rambus (Score:5, Insightful)
Society follows a collection of rules in order to survive. Together these rules are called the law. When people break the rules, then they harm all of society.
Just think, had they not done this, while Rambus may have survived, they would have been able to have a better case in which to fight against Rambus's practices, and work towards changing, if not abolishing patent laws. As it is, they're illegal practices will now be used to protect Rambus against the law.
Re:Only a good thing to collude against rambus (Score:5, Insightful)
So Rosa Parks refusing to give up her seat harmed all of society?
PS: no, I don't think the two cases are comparable - I'm just pointing out the dangers of generalisations.
Re:Only a good thing to collude against rambus (Score:1)
Re:Only a good thing to collude against rambus (Score:1, Funny)
Absolutely. According to the Chaos Theory, that one action caused a chain reaction throughout the decades that eventually lead to the hurricanes we are experiencing today!
Re:Only a good thing to collude against rambus (Score:2, Insightful)
Remember folks, just because laws are made to protect people, doesn't mean one of them is you.
Unconstitutional? (Score:2)
Re:Only a good thing to collude against rambus (Score:2)
Re:Only a good thing to collude against rambus (Score:2)
Re:Only a good thing to collude against rambus (Score:2, Insightful)
As it is, they're illegal practices will now be used to protect Rambus against the law.
I'm sure you mean to say "their," just as the submitter meant to say "there are" instead of what he/she used when typing...
They're = They are
Re:Only a good thing to collude against rambus (Score:2, Insightful)
They go back to competing against each other. You think companies will stay friendly forever?
Re:Only a good thing to collude against rambus (Score:2)
Re:Only a good thing to collude against rambus (Score:5, Interesting)
Once upon a time in New York when the Genovese, Gambino and Columbo families were household names, the price for getting the garbage picked up was higher inside the city than elsehwere. The DoJ et al decided this wasn't A Good Thing and decided to go break up the cosy business arrangements, eventually sending scores of hard working Italian Americans to jail, and ending years of tradition. As expected, the prices soon plummeted as competition was brought back into the marketplace. The people saw that It Was Good and cheered.
That would be a happy ending, but the story doesn't end there. Waste Management, Inc. and another company decided that there was money to be made in New York and moved in to start buying up the local competition. Within two years of The Big Bust, garbage pickup was handled by two conglomerates, and the price of getting it picked up was higher than in the days when mob was in charge of things.
If there's a point to this it's that when there's money involved, rules get bent, and then some. There are no good guys or bad guys, and the side you're on is just that.
Re:Only a good thing to collude against rambus (Score:2)
Friend, according to sources I have read WMI [wm.com] is [google.com] the mob doing business under another name, which makes your story kind of confusing. (One way to tell is that they managed to get a two-letter domain name. How many legitimate enterprises have that kind of access?)
Re:Only a good thing to collude against rambus (Score:2)
It's just a shame how the liberals are engaged in the Criminalization of Kneecap-Busting.
Re:Only a good thing to collude against rambus (Score:2)
The Rambus story is pretty much a prior parallel of the SCO fiasco. A greedy little nothing with shotty technology tries to extort a whole industry. I see this case as an example of two wrongs making a right.
(Usually, it takes three or four wrongs to make a right.)
Re:Only a good thing to collude against rambus (Score:2)
Also, they were circling the drain and "unexpectedly" discovered Intellectual Property that they could sue others with and put all the company's resources into being Litigious Bastards. Of course, the Intellectual Property was ill-gotten and they probably never owned it, since they had signed agreements with their industry-standards body disavowing patents in their contributions to the standards-setting process.
Re:Only a good thing to collude against rambus (Score:2, Insightful)
Rambus was not "circling the drain", they were a hot "internet stock". While its true that they weren't making a profit, their burn rate was low enough that they were likely to be around for a while.
They didn't "unexpectedly" discover Intellectual Property. That's what they do. That's what they've always been (a company that designs memory interfaces and sells the rights to use them).
The Intellectual Property was not ill-gotten and they did own it (see m
Re:Only a good thing to collude against rambus (Score:1)
So the other firms got together without rambus and said screw this we aren't paying obscene licensing fees. They chose another standard. They sued r
Re:Only a good thing to collude against rambus (Score:5, Interesting)
*ahem* anyway, if SOMEHOW, for SOME reason, they all got together and worked towards price fixing in order to kill SCO, then I would support SCO's litigation against them.
People often post stuff like "I'm confused. Microsoft is bad. But they're fighting SCO, so does that make them good?"
Bad people can do good things, and good people can do bad things. Same thing holds true for companies. Just because I don't support their practices in one area, doesn't mean I think they should have to suffer by those breaking the law.
The consumer is the only winner here. (Score:2)
The colluding RAM manufacturers will (hopefully) lose in the courts, because screwing over Rambus like that is illegal and wrong.
All this is fine by me, because I don't like either of them anyway!
Re:The consumer is the only winner here. (Score:1)
Oh, wait . . .
Vindicated? (Score:5, Insightful)
I think that in this case there really isn't any good guy because all the parties involved are apparently bad guys.
Re:Vindicated? (Score:2)
===
I can understand the conspiracy... if there was something that was a threat to multiple companies, it is only logical to band together for economic survival.
On the other hand, a good discovery should be rewarded... but of course... trying to make out with more than one is entitled to should be punished.
===
Just elaborating on your original thought and mulling it all over in my head
Re:Vindicated? (Score:2)
The patent system pretty much encourages such behaviour. Awarding monopolies creates a situation where one company can gain control over anothers capability to compete and profit, an almost unacceptable risk; something that will only get worse as technology becomes more integrated.
Consider if we had a system that worked more like other incentive systems, where the patent office paid the inventors instead; Rambus would apply for and be granted a patent, the
Wow - I am so conflicted (Score:5, Insightful)
Re:Wow - I am so conflicted (Score:2, Interesting)
It seems as they are now getting a taste of their own medicine.
Re:Wow - I am so conflicted (Score:2)
Re:Wow - I am so conflicted (Score:4, Insightful)
Re:Wow - I am so conflicted (Score:5, Interesting)
Yes, the companies were basically engaging in vigilante justice. I can understand why. They wouldn't want to change laws to make RAMBUS' evil patent strategies unworkable because they themselves might want to use those strategies in the future. So, I guess in the final analysis I have little sympathy for them.
Isn't it interesting how most talk about patents, even by their proponents, are all about restricting competition and keeping a hold on markets, and not about getting new ideas out in the open where people can see them?
Re:Wow - I am so conflicted (Score:2)
Unfortunately, it's leading to a situation where all the companies have their hands around someone else's neck; they'll end up strangling each other and innovation to death at the expense of their consumers.
PC133 (Score:2, Interesting)
It was nothing but a bunch of greedy monopolistic bastards; kinda like big oil... ooops....
Re:PC133 (Score:4, Informative)
Greedy Bastards
Re:PC133 (Score:2)
Way back then I remember some guy trying to sell me a 2nd hand 32mb ram stick for over $100. I just told him I'd wait a couple of weeks. (By then it had probably doubled to $200. Gee, I sure nailed that price-gouger.)
What I want to know ... (Score:5, Interesting)
What I find more interesting is why Samsung admitted its guilt. Isn't this negative publicity bad for them?
Re:What I want to know ... (Score:4, Insightful)
Re:What I want to know ... (Score:4, Insightful)
Samsung admitted guilt because the US DOJ had there ass in a sling and was about to hit them with Billion dollar penalties and jail time for many of their executives if they didn't plead guilty (as opposed to the hundreds of millions and likely jail time they did get.) Infineon pled guilty in this case and the DOJ still jailed 5 of their executives (even the Enron guys didn't go to jail - yet) Imagine what the penalties would have been if they hadn't pled guilty. Micron is the "stool pigeon" in all this - they are negotiating an better deal by turning state's evidence on their competitiors - though their deal has yet to be worked out.
While we're at it, for all the ignorant posts about RMBS submarining the industry with patents and other alleged actions, take a look at another case - the FTC held the longest trial in it's history to prosecute Rambus on those charges. At the end of it, the judge, the senior judge, and AN FTC EMPLOYEE, Made a 300 page ruling in which he enumerated 12 reasons why Rambus was NOT GUILTY of any of the charges leveled against them. Before you go believing the PR of convicted felons you might want to read the reasoned opinions of a federal ALJ. http://www.ftc.gov/os/adjpro/d9302/040223initialde cision.pdf [ftc.gov]
.. And the real winners are... (Score:5, Insightful)
Bad pratice all around. (Score:5, Informative)
they're now lawsuits? (Score:1)
That is a complicated reason.
Re:they're now lawsuits? (Score:2, Informative)
I was wondering the same thing! I am guessing that it happened this way:
That is the danger of using contractions everywhere.
Interesting (Score:3, Informative)
Won't somebody please think of teh children? (Score:5, Informative)
Well, at least the sharks do something useful, which is more than I can say for the lampreys.
Re:Won't somebody please think of teh children? (Score:1)
Re:Won't somebody please think of teh children? (Score:2)
The IT sector is in a shambles (Score:3, Insightful)
Now,
My point? Stick with the video games, guys. Don't bother with Rambus shannanigans. Your caring public is gone. Whoever can hang onto an IT job now will have that same job for the next twenty years. (And they'll still be working with the same equipment, probably
More like a rigor mortus, actually.
it's all in the software (Score:2)
The good, the bad and the ugly... (Score:3, Insightful)
It seems the whole story does not contain clearly good or bad guys. But it seems that everyone involved is at least ugly ;-).
Regards, Martin
Bad Behavior -- But Were the Patents Valid? (Score:3, Insightful)
If Rambus really patented the stuff, it doesn't really matter whether or not they manufactured anything; that's not how patent law works. But, if you force me to be Talmudic -- I'm sure Rambus can quote a single RAM part at a price of $100 million.
Were their patents crap? If their patents were valid, why shouldn't they've gotten paid? It sounds like they actually developed the technology, unlike some firms (the vultures that just buy up the patents of failed companies and then start suing).
I'm all for chaning the law to suit public policy better, but assuming we've got the laws that we've got, I don't see how "Rambus is bad" translates into "ignore their patents." If you do that, they may as well vanish, as they don't do anything but make IP.
Also, just so you don't think I'm a member of the Rambus Anti-Defamation League, I don't have a dog in this fight: I don't work for them, knowingly own their stock, etc.
Re:Bad Behavior -- But Were the Patents Valid? (Score:2)
I'm sure Rambus have a lot of patents that are valid for RDRAM - their version of RAM. But like oh so many companies they were greedy and tried to get license fees for every modern RAM chip. Those claims were shot down in court, IIRC. RAM manufacturers didn't exactly approve of that, RDRAM was mostly ignored or sold at absurd prices and DDR RAM came flying past. People don
Re:Bad Behavior -- But Were the Patents Valid? (Score:2)
I think the issue is they tried to get their patented algorithms into a memory standard, which would have required everyone who wanted to make ram to license their patents, which seems unfair. By all means, use your patented methods to make your ram 3x faster than everyone else's,
Re:Bad Behavior -- But Were the Patents Valid? (Score:2, Insightful)
Not to mention, RDRAM performs like shit for most things. It was 'faster' in the sense that it had more bandwidth, but the latencies were huge compared to PC133 or DDR, which if one will notice how much an integrated mem
Re:Bad Behavior -- But Were the Patents Valid? (Score:4, Informative)
Re:Patent Quality (Score:2)
Re:Bad Behavior -- But Were the Patents Valid? (Score:3, Interesting)
So the other firms got together without rambus and said screw this we aren't paying obscene licensing fees. They chose another standard. They sued rambu
Re:Bad Behavior -- But Were the Patents Valid? (Score:2)
Re:Bad Behavior -- But Were the Patents Valid? (Score:1)
Wow (Score:3, Funny)
Re:Wow (Score:1, Funny)
I got better.
In case you're forgotten (Score:5, Informative)
Re:In case you're forgotten (Score:2)
(you know, the type who read Tom's Hardware every day)
Yes I know the type. Rabid fanboys with strong opinions on everything, and no clue in sight. hey, that almost reminds me of
Price fixing in RAM (Score:1)
Re:Price fixing in RAM (Score:5, Informative)
Re:Price fixing in RAM (Score:1)
Re:Price fixing in RAM (Score:1)
Beneficiary (a least this time) was the consumer. (Score:2)
Too honest to be a successful cartel (Score:2, Interesting)
Re:Too honest to be a successful cartel (Score:2)
Actually legislation was enacted to prevent anticompetitive business practices in general. This can include collusion to raise prices or keep them high (like the airline industry (1982, Braniff Airlines & American Airlines), or collusion to lower prices, when the effect of lowering the prices is to drive a competitor out of business. In the long run, such collusion is
Re:price fixing = higher prices (Score:2)
Re:price fixing = higher prices (Score:2)
Re:price fixing = higher prices (Score:2)
Here is the deal... (Score:4, Interesting)
So the other three firms got together without rambus and said screw this we aren't paying obscene licensing fees. They chose another standard. They sued rambus for pulling the dirty patent trick. Rambus sued because the other three wouldn't deal with rambus.
The price fixing scheme just happens to be at the same time. That is the third lawsuit going on in the dram industry now. They all had fixed prices sometime ago, it was this falling out over standards that got Hynix to squeal to the DOJ on the price fixing.
There now you don't have to RTFA.
Re:Here is the deal... (Score:2)
funny, though, how RamBus was trying to sue SDRAM makers for patent violations around DDR, etc., after this...
Rambus the victim? Ha! (Score:2)
Rambus can go to hell. They can go to hell and they can die.
Great... (Score:1)
Re:Great... (Score:2)
It's the best investment you can make in performance for a machine with that little RAM
The reader comments at Business Weak are hilarious (Score:1)
Yeah! Keep digging into how Rambus tried to get the industry to settle on a technology it had filed patents for. As if competitors would ever agree to a technology that one of them had already patented.
"Oh, you want us to use your technology and then reveal your patent
Everyone was dirty (Score:1)
Oh look, another loser filing a lawsuit ... (Score:1)
If you can't win by offering consumers better stuff and / or better prices, I suppose you can always 'win' with a crowd of fork-tongued lawyers.
Re:You have got to be kidding me... (Score:2)