The complaint at the panel was the disclosure process was a shitshow. I don't see how suing for money will make vendors go "Let's share more errata, so we can be sued more!" So: if you must have a pound of flesh, join/launch a class-action suit demanding documentation, not money.
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The difference is that software can be fixed for free (and open source software typically doesn't cost money), while CPUs can't and do. There's a reason e.g. Europe requires a 2-year warranty on everything.
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I think normal warranty rules should apply. That is, for CPUs purchased within a reasonable period, Intel should offer returns or exchanges with a partial refund or upgrade to a better model for the expected performance loss. They gambled on the speculation and lost.
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Intel isn't giving anything away for free. It feels deeply wrong to me that people are now forced to go back to Intel and buy X% more CPUs from them to even run their existing workloads due to the resulting performance slowdowns.
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One could argue that people changed their workloads
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I don't think we should sue them for flaws as they're billion transistor devices and it's improbable they'll ever be perfect. However, we should have legal recourse for intentionally misinforming the public about the flaws.
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I think it's unfortunate, these exploits, but I'm not really as upset as I am with software devs. Hardware/Electrical engineers (in my opinion) do a much better job with design and reliability than software engineers.
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Hardware is engineering. Software is craftwork that every few decades starts talking about real engineering before running screaming away. Fix that, and whole classes of problems go away.
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