Intel compilers and libraries

Robert G. Brown rgb at
Thu Oct 9 10:32:12 EDT 2003

On Thu, 9 Oct 2003, C J Kenneth Tan -- Heuchera Technologies wrote:

> Robert,
> You covered some of the issues that we are addressing with our lawyers
> right now.  It's a process which, as knowledgeable as you are, I am
> sure you can understand we have to go through.

The comparison, sure, go through the process.  Putting your own numbers
up, no, I cannot see why you need lawyers to tell you you can do this.
How can somebody sue you for putting up the results of your own
good-faith tests of your own product?  There wouldn't be a manufacturer
in existence not bogged down in court if you could (successfully) sue
Tide for claiming that it gets clothes cleaner and removes stains when
the first time you wash a shirt with it the shirt remains dirty and
stains don't come out, for example.  Why, I myself would quit work and
live on the proceeds of my many suits, if every product out there had to
strictly live up to its claims.

The most recourse the consumer has is to not buy Tide (or whatever other
detergent offendeth thee, nothing against Tide but there are plenty of
stains NO detergent removes except maybe xylene or fuming nitric acid
based ones:-).  Or, if they are really irritated -- it is a GRASS stain
and the Tide ad on TV last night shows Tide succeeding against GRASS
stains in particular -- they can take the box back to the store and
likely get their money back. But sue Tide?  Only in Ralph Nader's

Caveat emptor is more than a latin phrase, it is a principle of law.
You have to look at the horse's teeth yourself, or don't blame the
vendor for claiming that the old nag they sold you was really a young
and vibrant horse.  To them perhaps it was -- it is a question of just
what an old nag is (opinion) vs the age of the horse as indicated by its
teeth (fact).  Only if the claims are egregious (this here snake oil
will cause hair to grow on your head, cure erectile dysfunction, and
make you smell nice all for the reasonable price of a dollar a bottle)
is there any likelihood of grievance that might be addressed.

Surely your claims aren't egregious.  Your product doesn't slice, dice,
and even eat your meatloaf for you...does it?;-)


Robert G. Brown	             
Duke University Dept. of Physics, Box 90305
Durham, N.C. 27708-0305
Phone: 1-919-660-2567  Fax: 919-660-2525     email:rgb at

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