Legal Action Threatened by Processor Distributor

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Well then, this juicy story just keeps getting better and better. This morning we’ve learned, courtesy of Hot Hardware and TechEYE.net that the distribution company that reportedly supplied these fake/counterfeit/demo sample (whichever you choose to believe) CPUs to Newegg has begun threatening legal action against at least two web sites that published their involvement. To wit, here’s TechEYE.net’s quote from the firm they say represents D&H – Creim, Macias, Koenig & Frey:

“It has recently been brought to our attention that you are responsible for publishing on the internet, and specifically on your websites, untrue  statements  respecting allegedly counterfeit Intel Core i7 processors which you allege were sold to Newegg by D&H.

“This letter places you on notice that these statements are false.  You have no basis for publishing these false and malicious statements about D & H.  These false allegations are defamatory and disparaging to D&H”s business and business relations and have caused grave and irreparable damage to our client.

“IMMEDIATELY (i) cease and desist posting such defamatory material about D&H.; (ii) remove the contact and any reference to D&H from your website; and, (iii) post an immediate retraction and apology which shall remain posted for not less than thirty days.

“If you fail to do so by 5 p.m., pst., on March 6, 2010, D&H will pursue all of its rights and remedies, including, without limitation, an action for libel, will seek full recovery for the damages caused by your untrue statements including punitive damages, as well as seek injunctive relief.”

Yikes.  Looks like somebody’s knickers are in a wad over this whole thing! Add that lovely cease and desist letter to the fact it appears individuals that posted at our forums have been told to keep quiet by an unknown legal force and a juicy scandal just turned ridiculous.

So let’s sum up.

From oddity to downright silly in the time it takes to run SuperPi 1M. Our editor mdcomp is in contact with Newegg PR and they assured us we will be in the loop on future releases. We’ll continue to work to keep you up to date on this developing scandal.

UPDATE – Overclockers.com contacted Intel directly and they are sticking with their standard press release. Here’s what they have to say:

Intel has been made aware of the potential for counterfeit i7 920 packages in the marketplace and is working to [find out] how many and/or where they are being sold. The examples we have seen are not Intel products but are counterfeits. Buyers should contact their place of purchase for a replacement and/or should contact their local law enforcement agency if the place of purchase refuses to help.

Intel is getting samples to inspect and until then we can say that everything in the package appears fake. Some of the photos of the processor look like it is a casting and not even a real processor of any kind. Newegg has moved quickly to replace the suspect units.

hokiealumnus

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Discussion
  1. Fast draw with a law firm does make one wonder..

    Corporate name protection or CYA reaction.

    Innocent until proven guilty is NOT an internet characteristic.

    Rumor abounds and opinions rule.

    IPEX is now the scammer or the scammed.

    Interestingly enough there are a great many legit companies that show up googling IPEX :

    Including a Victoris's Secret Bra : gratuitous link http://www.victoriassecret.com/bras?cm_mmc=Google-_-Affiliated%20Brands%20Exact-_-Exact-_-ipex

    D&H comes up imediately on a google search, "and" they cannot afford to lose their reputation. see web page, I think this is the likely one :

    https://www.dandh.com/v4/view?pageReq=dhMainNS
    I think that some facts do stand. Newegg "sold" counterfeit CPUs. Did they intend to? I think not but counterfeit CPUs were sold. Did D&H sell these same CPUs to Newegg? I don't know. Some one did and those people sold counterfeit CPUs. Did they do so knowingly? Perhaps not.

    I would contend that the stories I've read merely state the counterfeit CPUs were sold and did not say that they knew who created those CPUs. That's a big difference in my book. For all we know, Newegg and D&H are victims as is Intel and the end users who bought them.

    I think that Newegg is doing the right thing (not forgetting the "Demo" story) by replacing the bad CPUs but that D&H is being shady at best. The "strong arm" tactic is in poor taste is all.

    These are my opinions and I represent them as opinion only. :P
    Shiggity
    They need to hire an overclocking rep :)


    Now that would make perfect sense, someone that can advise them on what hardware will draw the crowds and what OC's the best :)
    hokiealumnus
    Heh, I stand corrected. It seems Newegg has their wires crossed. Someone didn't get the memo that our support rep did, according to ardOCP.


    Yea, just read that... I'm curious to see how things will fall out in the next few days concerning this specific issue. Obviously, whether cover up or simple mistake, there is a lot of confusion over at newegg right now. Sad thing is, they're likely just as much a victim in this as anybody. *sigh*
    Newegg needs to get all their reps in one room with their comms officer so all on the same page:grouphug:...more confusion leads to more speculation:blah:
    georanma
    Ya, I like that there are threats of legal action over speculation. Grow up and welcome to the age of information.


    Don't they have to prove willful intent as well as the offending statements to be false to make libel/defamation stick? Guess it's a moot point since these tactics are often just used for intimidation to great effect. But yea, slinging these out due to mere conjecture seems pretty sleazy to me.