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Businesses Intel Patents The Almighty Buck

Intel: Steer Clear Of Our Patents (axios.com) 87

An anonymous reader writes: Intel posted a long blog post yesterday touting the success and evolution of its 40-year-old x86 microprocessor -- the one that powered the first IBM personal computer in 1978 and still powers the majority of PCs and laptops. But it wasn't just a stroll down memory lane. Intel ended the post with a reminder that it won't tolerate infringement on its portfolio of patents, including those surrounding x86. The company wrote, "Intel invests enormous resources to advance its dynamic x86 ISA, and therefore Intel must protect these investments with a strong patent portfolio and other intellectual property rights. [...] Intel carefully protects its x86 innovations, and we do not widely license others to use them. Over the past 30 years, Intel has vigilantly enforced its intellectual property rights against infringement by third-party microprocessors. [...] Only time will tell if new attempts to emulate Intel's x86 ISA will meet a different fate. Intel welcomes lawful competition, and we are confident that Intel's microprocessors, which have been specifically optimized to implement Intel's x86 ISA for almost four decades, will deliver amazing experiences, consistency across applications, and a full breadth of consumer offerings, full manageability and IT integration for the enterprise. However, we do not welcome unlawful infringement of our patents, and we fully expect other companies to continue to respect Intel's intellectual property rights. Also read: Intel Fires Warning Shot At Qualcomm and Microsoft Over Windows 10 ARM Emulation.
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Intel: Steer Clear Of Our Patents

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  • by IGnatius T Foobar ( 4328 ) on Friday June 09, 2017 @11:42AM (#54585791) Homepage Journal
    Intel's patents... such as the AMD-64 instruction set, which is present in all of Intel's microprocessors, and is patented by ... uh oh.
    • by NixieBunny ( 859050 ) on Friday June 09, 2017 @11:52AM (#54585873) Homepage
      Intel and AMD have had some cross licensing arrangement from the late seventies, which I'm sure we are not able to view. But patents on a 40 year old architecture might be a wee bit expired by now.
      • by tepples ( 727027 )

        i686 and x86-64 are not "a 40-year-old architecture".

        • by Anonymous Coward
          No, but the former is over 20 years old.
          • by tepples ( 727027 )

            The former also got SSE2 grafted onto it, which is newer than 20 years old and on which Windows 8.1 and 10 depend. Besides, application publishers are dropping support for the former.

      • Their cross-licensing agreement allowed Intel to use AM64 instructions, and AMD to use 32-bit x86 instructions. The 70s arrangement just involved the 80286, IIRC
    • I yield to no man in my ignorance of IP law, but I'm pretty sure you can't patent an instruction set. You can patent the implementation hardware, or at least a lot of it, but I doubt that restricts emulation. And I'm pretty sure that you can copyright microcode. Patents are only 20 years BTW. OTOH, copyrights last for all eternity (OK, OK ... maybe only a century or two).

    • CoreBoot opensource bios would very much like to steer clear of this particular bit of Intel technology - https://puri.sm/posts/how-puri... [puri.sm] How Purism Avoids Critical Intel Security Exploit
    • Intel invests enormous resources to advance its dynamic x86 ISA

      Looks like that got typo'd. Should have read:

      Intel invests enormous resources to protect its cash cow x86

  • by Anonymous Coward

    The patents on x86 have surely expired by now.

    • by tepples ( 727027 ) <.tepples. .at. .gmail.com.> on Friday June 09, 2017 @11:52AM (#54585867) Homepage Journal

      Patents last 20 years after filing.* Most x86 programs nowadays rely on "i686" instructions introduced with the Pentium Pro (1995) and Pentium II (1997), whose patents have presumably expired just recently, and the Pentium III (1999), whose patents still subsist. Furthermore, many application developers have stopped building for i686 protected mode in favor of the newer x86-64 long mode.

      * A few U.S. patents filed before mid-1995 and granted after mid-2000 still subsist because they're grandfathered into the pre-1995 rules.

      • by pem ( 1013437 ) on Friday June 09, 2017 @11:56AM (#54585907)
        Summary makes it sound like patents are about instruction set emulation, not about the instruction set. Intel has a lot of those.
      • Most x86 programs nowadays rely on "i686" instructions introduced with the Pentium Pro (1995) and Pentium II (1997)

        Bullshit. Very few new instructions and not all that useful of ones came out with those CPU's.. and that remained true until SSE2.. not even MMX was useful enough for "most" programs use.

        The x86 instruction set minus the SIMD stuff was pretty well fleshed out when the 386 hit, which is a couple generations and a full decade BEFORE the cpu's you are talking about.

        Probably the most important single instruction added to the x86/x64 legacy in the past 10 years is POPCNT, which isnt Intels either.

        • Have MMX or SSE been relevant at all, ever since the advent of GPUs?
          • by Rockoon ( 1252108 ) on Friday June 09, 2017 @01:04PM (#54586341)
            SSE2 and later is very relevant. Not so much regular SSE (1)

            SSE essentially doubled the number of registers, and although none of the new registers are fully general purpose thats a huge win. The SIMD portion not so much (its a rare programmer that will use the SIMD extensions of their compiler,) and it didnt help that Intel screwed up their SSE SIMD adding all these "horizontal" operations that defeat the entire advantage of SIMD if you use them.

            Those horizontal operations are convenient, but if you are doing high performance SIMD then the data within one of your wide registers is all going to be exactly the same kind and isnt very suitable for any sort of horizontal operations. A registers of high performance SSE SIMD contains X3:X2:X1:X0 (all the same component of a 4 different vectors), not W0:Z0:Y0:X0 (a complete 4-component vector.) The terminology in the SIMD world for these two views of the registers are Structure of Arrays (SoA) and Array of Structures (AoS).

            There isnt a single GPU that offers horizontal operations in its instruction set like Intel gave to SSE, because it defeats the purpose and would destroy the performance.
      • by yuhong ( 1378501 )

        The patents are probably almost expiring by now though. Remember the priority dates of Pentium 4 SSE2 patents released in Nov 2000 are probably around 1999 at the latest for example. SSE1 itself is just a subset of SSE2 with only single precision floating point instructions BTW. That itself was released with Pentium III in Jan 1999, meaning the priority date can't be later than 1998.

      • by Agripa ( 139780 )

        The minimum these days is SSE2 and what the Pentium 4 supported. I find many applications and libraries which require SSE2 whether they should need it or not.

  • by MightyYar ( 622222 ) on Friday June 09, 2017 @11:44AM (#54585805)

    Yeah, get into a fight with MS - "I don't know why Windows performs so poorly on your newest, highest-margin chip. Maybe because we had to disable certain compiler options that infringed on your patents. Everything works full-speed on the AMD chips, though. Weird."

    • by Anonymous Coward on Friday June 09, 2017 @12:04PM (#54585983)

      The reason we will not see patent reform is that situations like you describe don't normally happen.

      Big companies like MS and Intel can do patent licensing exchanges that cover both parties.

      It's the little guys, who don't have the patent portfolio or deep pockets to go to war with, that get stomped on like bugs by the big players and preyed on by the trolls.

      • Reason we won't see patent reform is that the topic is way too complicated for even swamp bureaucrats on K Street or Foggy Bottom, let alone DC politicians. So their recourse would be to turn to the experts, which would be the industry leaders - who became leaders due to their expertise. As a result, those big guns are the ones who'll keep calling the shots, so the laws would be written in a way to favor them at the expense of any upstarts.
  • The Java Trap (Score:5, Interesting)

    by tepples ( 727027 ) <.tepples. .at. .gmail.com.> on Friday June 09, 2017 @11:45AM (#54585811) Homepage Journal

    Then I guess we can now consider the x86 and x86-64 instruction sets subject to what Richard Stallman has referred to as the Java Trap [gnu.org]. A free program with proprietary dependencies is trapped, and Intel is asserting that the x86 and x86-64 instruction sets are proprietary.

  • I assume if someone's loudly proclaiming they'll totally come at you with their super huge big spiked stick, that they in fact have a very tiny, limp noodle.*

    Are intel's patents and legal team so pathetic that they need to resort to twitter-level insults?

    (* penis penis peeeennniiisss)
  • by pem ( 1013437 ) on Friday June 09, 2017 @11:54AM (#54585883)
    And the Eastern District of Texas isn't what it used to be, either.

    If Intel was picking on little guys, maybe they'd curl up in the corner. Hard to see it in this case.

  • >> we fully expect other companies to continue to respect Intel's intellectual property rights

    China don't care. Neither do consumers, for that matter. Given the length of court cases, if I was an Intel competitor I'd be awfully tempted to do what many startups do: steal everything and hope the resulting lawsuit harmlessly drags out until after you've cashed out. With that in mind...what's the point of posting your legal policy in some summer intern's blog? (If I was Intel, I'd be working with my
    • I would care if Intel hadn't been resting on its laurels for the past 15 years or so.... not to mention charging premium prices for marginal upgrades. The only difference between Intel and a patent troll is a few billion dollars of outsourced R&D (which hasn't been very productive lately).
    • by Agripa ( 139780 )

      China cared in the past. Why would this be any different?

      https://en.wikipedia.org/wiki/... [wikipedia.org]

  • Where have I seen this before? Oh yeah, Slashdot this morning.....
    https://games.slashdot.org/sto... [slashdot.org]

  • warning: missing terminating " character
    error: missing terminating " character
    error: expected primary-expression before 'return'

    Editors--that makes it hard to read, because I can't trust when Intel's quote ends so I don't know if it's Intel speaking or editorializing for any given sentence.

  • The first IBM PC was release in 1981 with an 8088 processor and optional 8087 math co-processor. While I may be wrong on the date, I am sure of the CPU because I have one of the original system right here.

  • by Anonymous Coward

    I hold the patent for duping articles on the front page

  • by Gravis Zero ( 934156 ) on Friday June 09, 2017 @12:00PM (#54585949)

    What this really shows is that Intel is incredibly insecure because they are highly vulnerable. Intel doesn't really have a leg to stand on regarding patents for x86 so they are just lashing out and hoping to scare off people. They are reverting to their anti-competitive nature because they are now losing on both in the server market (due to AMD's Zen arch) and if Microsoft doesn't blow it, the commodity Desktop market could go to ARM. Intel has really earned this fate and I know they will break the law repeatedly to avoid it. They are getting their just deserts. :)

  • by chuckugly ( 2030942 ) on Friday June 09, 2017 @12:02PM (#54585963)
    Beau, meet Mish, MIsh, Beau https://games.slashdot.org/sto... [slashdot.org]
  • Translation: (Score:4, Informative)

    by GameboyRMH ( 1153867 ) <gameboyrmh@@@gmail...com> on Friday June 09, 2017 @12:08PM (#54586001) Journal

    "The market for new CPUs hasn't been so hot in the last few years, ARM processors are becoming more and more popular, and AMD is starting to bring stiff competition again, so we're going to become patent trolls now to make up for all that lost income. So beware!"

  • by Anonymous Coward on Friday June 09, 2017 @12:20PM (#54586083)

    The goal of this report is to make the existence of Intel CPU backdoors a common knowledge and provide information on backdoor removal.

    What we know about Intel CPU backdoors so far:

    TL;DR version

    Your Intel CPU and Chipset is running a backdoor as we speak.

    The backdoor hardware is inside the CPU/Bridge and the backdoor firmware (Intel Management Engine) is in the chipset flash memory.

    30C3 Intel ME live hack:
    [Video] 30C3: Persistent, Stealthy, Remote-controlled Dedicated Hardware Malware [youtube.com]
    @21:43, keystrokes leaked from Intel ME above the OS, wireshark failed to detect packets.

    [Quotes] Vortrag [events.ccc.de]:
    "the ME provides a perfect environment for undetectable sensitive data leakage on behalf of the attacker".

    "We can permanently monitor the keyboard buffer on both operating system targets."

    Backdoor removal:
    The backdoor firmware can be removed by following this guide [github.io] using the me_cleaner [github.com] script.
    Removal requires a Raspberry Pi (with GPIO pins) and a SOIC clip.

    Decoding Intel backdoors:
    The situation is out of control and the Libreboot/Coreboot community is looking for BIOS/Firmware experts to help with the Intel ME decoding effort.

    If you are skilled in these areas, download Intel ME firmwares from this collection [win-raid.com] and have a go at them, beware Intel is using a lot of counter measures to prevent their backdoors from being decoded (explained below).

    1. Introduction, what is Intel ME

    Short version, from Intel staff:

    Re: What Intel CPUs lack Intel ME secondary processor? [intel.com]
    Amy_Intel Feb 8, 2016 9:27 AM

    The Management Engine (ME) is an isolated and protected coprocessor, embedded as a non-optional part in all current Intel chipsets, I even checked with the engineering department and they confirmed it.

    Long version:

    ME: Management Engine [libreboot.org]

    The Intel Management Engine (ME) is a separate computing environment physically located in the MCH chip or PCH chip replacing ICH.

    The ME consists of an individual processor core, code and data caches, a timer, and a secure internal bus to which additional devices are connected, including a cryptography engine, internal ROM and RAM, memory controllers, and a direct memory access (DMA) engine to access the host operating system's memory as well as to reserve a region of protected external memory to supplement the ME's limited internal RAM. The ME also has network access with its own MAC address through the Intel Gigabit Ethernet Controller integrated in the southbridge (ICH or

  • I'm having difficulty seeing exactly how Microsoft's emulation of the x86 instruction set on a competing platform is really any different from the various other emulation efforts -- and sometimes outright copies -- in both past and present products. (Such as AMD chipsets, SoftPC/SoftWindows/RealPC, Virtual PC... and that's just off the top of my head.) I mean, other than the notion that most past emulation efforts weren't really a threat, whereas this is the biggest gorilla in the jungle shifting all of th
  • BeauHD literally just posted this story this morning.
    https://games.slashdot.org/sto... [slashdot.org]

  • First the usual IANAL.

    But I am an electornics engineer (but not in Utah).

    If you recall, Microsoft and Qualcom are using emulation to run 32bit apps. Therefore IA-32.

    IA-32 is firmly intel patented. These patents are licensed to AMD under a variety of agreements, on in particular in 2001. The other side of the coin is that Intel Licenses a big chunck of AMD's AMD-64 ISA, which is not emulated by Microsoft-Qualcom.

    Therefore, any claim over the use of IA-32 has to be done by intel (AMD would be more than happy

    • by pem ( 1013437 ) on Friday June 09, 2017 @01:46PM (#54586597)
      Engineer who purports to know about patents doesn't know that all patents filed in the last 22 years expire 20 years after filing, not 17 years after issue.

      Apparently also hasn't been following Supreme Court patent jurisprudence. If Microsoft is emulating these instructions with software and a general purpose computer, there is a good chance that Microsoft's actions will be found non-infringing.

      It may be a closer call if instructions were added to make the emulation easier, though.

    • by mysidia ( 191772 )

      IA-32 is firmly intel patented.

      The IA-32 chip designs -- the way instructions get implemented on a chip are the Intel patent.

      What you cannot patent, or what can be challenged - is the particular user interface.

      For example, you cannot patent the notion of "ADD Instruction" with such and such hex code, that takes 3 registers as input, that is written like this [example example example]; the invention would be a specific machine implementation or specific logic circuit which processes this instruct

  • by porky_pig_jr ( 129948 ) on Friday June 09, 2017 @02:54PM (#54587169)

    One may argue that at this point it is a simply of specification of interface interpreted by microcode, and interface is not covered by IP, at least every USA court of law rejected any such case. In case of instruction set what matters is its implementation on a microcode level, and of course Qualcomm would implemented it in a way completely independent from the way Intel does. IMHO, Intel would have a hard time proving it otherwise.

  • "Our company now employs more attorneys than engineers. Our product pipeline is pretty much tapped out. We got nothin'."

  • Patent protection for x86 ISA show how the patent system is broken. x86 ISA is not innovative nowadays, and the number of transistors required to decode x86 instructions makes x86 ISA a technical liability

    The real value of x86 ISA is compatibility, with a lot of programs built for it. That means patent here protect a network effect and not innovation.

  • Every new product has been using ARM, which offers convinient licensing not only of ABI but actual silicon designs. They still have server market, but ARM will pop up there too as soon as they are dumb enough to jack up prices. New performance war is anyway in GPUs and now TPUs. Don't care, LOL, bye!

Keep up the good work! But please don't ask me to help.

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