gdjacobs wrote:To be precise, it was a patent cross license (extending the agreement of 1976) and technology transfer arrangement. In exchange for royalties and access to their semiconductor designs, Intel was in fact obligated to provide access to AMD under the terms of the 1982 agreement. This was the basis on which the arbitrator and California Supreme Court largely ruled against them. The fact Intel had soured on the deal by that point is irrelevant from a legal point of view.
Well, I don't know where you got that information from, seeing as I see no sources to any of this.
Some of what you say is not supported by the link I presented.
So I stick by the original story, which is supported by that link:
Intel and AMD (as well as various other manufacturers) originally had a licensing agreement regarding the manufacturing of chips.
This goes beyond just the 8088 and the 80286 CPU, and also includes the various chips that form the chipset of the IBM PC (the 82xx series basically, including chips such as the PIT, the PIC and the DMA controller).
Apparently in theory this was a 'cross-license' in that Intel was also allowed to produce chips based on the designs of their licensees, but as far as I know, in practice it only went one way, and Intel never manufactured third-party designs.
However, it was based around the *designs* for manufacturing rather than the *IP*. That would be a fundamental difference.
The AMD wiki page has some info on it: https://en.wikipedia.org/wiki/Advanced_Micro_Devices
Intel and AMD entered into a 10-year technology exchange agreement, first signed in October 1981[50][56] and formally executed in February 1982.[39] The terms of the agreement were that each company could acquire the right to become a second-source manufacturer for semiconductor products developed by the other; that is, each party could "earn" the right to manufacture and sell a product developed by the other, if agreed to, by exchanging the manufacturing rights to a product of equivalent technical complexity. The technical information and licenses needed to make and sell a part would be exchanged for a royalty to the developing company.
(The 1976 agreement is apparently only about microcode, according to that page).
AMD tried to reinterpret the license as being about IP. Apparently they did not succeed in this, since eventually a new license was drawn up, after which AMD could finally start selling their 386 and 486 clones.
Had the original license allowed the use of the x86 instructionset and other IP, then the new license would not have been required, because the old license was already in place.
I guess the bottom line is that IBM forced Intel to allow AMD and other players on their turf. AMD then muscled its way into the x86 world permanently (not getting access to a chip's design when you think you have access to it is one thing, but to actually reverse-engineer and put unauthorized clones on the market is an entirely different story). It's a pretty ugly way to get a licensed architecture.
I mean, to put it in today's terms... Various companies outsource chip production to others. Eg, nVidia has its GPUs manufactured by TSMC.
So TSMC gets the chip designs from nVidia and can manufacture chips on this basis.
However, the small print in the nVidia/TSMC contract probably precludes TSMC from passing these designs on to other parties, or modifying them, and/or producing chips based on these designs under their own name.
We'd be pretty surprised if TSMC started marketing their own "TSMCForce" chips, at higher clockspeeds than the original nVidia ones, yet fully compatible with NV's chips, and using NV's drivers and software for running them. That's not what outsourcing production is about.
Edit: This is an interesting article: http://law.justia.com/cases/california/suprem … /4th/9/362.html
It indeed says that Intel was not interested in AMD's products... and apparently if Intel didn't choose to manufacture AMD chips, then AMD would not be entitled to the 386 either.
While they say that Intel was not showing goodwill, AMD was also not trying to develop 32-bit processors themselves, nor look for arbitration. So AMD wasn't really holding up their end of the bargain either. They just wanted to leech off Intel's R&D apparently.