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Comment by wtallis | Hacker News Reader

It wouldn't work. Even online media gets pretty strong first amendment protections that mean Intel wouldn't have a complete open and shut case, and we tech journalists are smart enough to be able to get the same microcode updates through other channels that don't have the same strings attached. If it's meant to deter anybody, it's the big corporate customers and competitors.

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Unfortunately, the First Amendment does not protect against private action, only government restraints on speech. Other mechanisms like anti-SLAPP laws might help with that, but either way that's a lot of legal effort to publish some benchmarks. Intel also operates all over the world, so they could eg. sue a Britain-based branch of some media outlet that also publishes the numbers if the laws there are more in their favor.

The First Amemdment itself doesn't directly apply to Intel, but there are a lot of relevant legal protections pertaining to the general idea of protecting the press. In particular, this seems to be fundamentally a copyright license that's at issue. News reporting, scholarship and research are all explicitly listed as purposes that can qualify as fair use. Using copyrighted material to research and report on the nature of defective goods being sold to the public strikes me as pretty likely to be ruled as fair use, especially when using the copyrighted microcode in a manner contrary to Intel's license is necessary to properly fact-check a news story about their processor flaws.

Online media often relies on hardware directly from the manufacture when they get to test it before official release.

Nothing stops Intel from not sending them anything anymore, and then they have to buy it from the stores like everybody else.

I'm well aware of the theoretical possibility of Intel blacklisting publications. In practice, it only works against smaller publications and would backfire spectacularly if they tried it against the larger publications. Intel has more to lose than any one tech publication.

> Intel has more to lose than any one tech publication.

I agree completely, but I wouldn't be surprised if waive threats of lawsuits around. And even though the media should be protected, it might still be relatively expensive for them.

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