The trading of ES's is a gray market; technically a no-no, but in usual practice nothing to worry about.
Probably as good a summation as can be made in that many words.
Just because Intel chooses to not pursue the issue doesn't make it less illegal.
Probably not, but their decision not to pursue it does seem to indicate something peculiar about it's illegality-- something that would require serious research to resolve. Maybe you know better, but for all I know, Intel NDAs for ESes could have an expiration date, or could be superseded by some other contract or law at some point
My point was more that this was a legal issue, not that poor Hwtf was going to be arrested in the near future.
I figured as much.
[soapbox] I'm especially sensitive to legal/technology issues lately because of how the US Congress has created new draconian criminal penalties for transgressions that were previously covered under more reasonable pre-existing criminal statutes (like much of the "cyber-terror" US legislation passed recently) or non-criminal civil statutes (like the DMCA). I think it's important that as citizens and users of technology we keep a perspective on how the law affects us, and (again) I commend you for raising the issue. But it bothers me when we concede victory too quickly to the forces that want to control ever more of our behavior. Buying or selling ESes may be "illegal", but it should only ever be as illegal as buying or selling a used promotional CD. When we tell ourselves and others that it's illegal like theft, we make ourselves forget that the law must have proportionality, and we condition ourselves to accept horror stories like this
, which aren't too far from Rusty's "MS gestapo".
So, yes, Hwtf will probably not be arrested for buying his (pretty awesome) P3 ES in the near future, because, even though it may be "illegal", the laws are complex and hard to enforce, and Intel doesn't seem to care. Hopefully, his security in his person is guaranteed by more than obstuse legalese and corporate fiat. Hopefully, all of us recognize that Hwtf, dastardly lawbreaker that he is, poses no threat to the prosperity of the world and its people, and, hopefully, we'll ensure that our governments, which exist to serve and protect our interests, do not consider his actions criminal, but provide only the appropriate civil relief to the offended party. The alternative can only lead to a very ugly future.