At one of the internal Q&As, there was a question as to why we didn't just implement CUDA. One of the reasons given was that the lawyers looked at the license of CUDA and decided that Intel could not legally implement CUDA for Intel's GPU devices. I don't know the details, but quite frankly, it wouldn't surprise me if Nvidia didn't somehow put a poison pill in there to prevent Intel or AMD from implementing it for their own GPUs (note that AMD also doesn't provide an implementation of CUDA for its own GPUs).
Instead, the strategy Intel pursued was to develop a migration tool from CUDA to Sycl: https://software.intel.com/content/www/us/en/develop/tools/o...
Here is how you beat the CUDA lock-in: consistently make better performing GPUs so not using them is a liability. Instead buying AMD you not only get a worse GPU but also the intern software solution, and that is just not compelling.
Also they keep forgetting that CUDA is not only C++, rather a polyglot eco-system.
Instead of targeting an IR, it directly targets a given GPU's ISA, so that your existing binary will not run on future hardware. That's a total no-go for basically every non-HPC use case.
Intel is much better off building a sound technical foundation from scratch.
Without looking into the CUDA licenses (who knows, they might even expressly allow this kind of thing, but seems pretty unlikely to me), I'd expect this to be a case of whether "APIs are copyrightable" or not, same as the famous and sort of still ongoing https://en.wikipedia.org/wiki/Google_LLC_v._Oracle_America,_....
The US courts said "yes" in this case (note: 100% stupid IMO), but I'm not confident that nVidia'd have an easy win if they decided to sue the developer, and I'm also relatively sure they wouldn't send a DMCA request at this stage (and that if they did, their request would probably be reviewed harder than normal).
It is not usual for CAFC to hear copyright disputes; that it was appealed to CAFC instead of the 9th Circuit is because there was a patent claim at one point, and CAFC should have followed 9th Circuit precedent on the matter. Google contends that 9th Circuit precedent holds that the API is not copyrightable, which means that CAFC erred in ignoring precedent. Most software companies ultimately agree with Google here, not Oracle: it's telling that most of the amici who side with Oracle are not software companies but media publishers (e.g., MPAA, RIAA).
https://en.wikipedia.org/wiki/Google_LLC_v._Oracle_America,_....
Edit: huh? I pasted it in with the period and it gets removed. Do trailing periods get removed because it thinks it's the end of a sentence?
Anyway, this redirects to the right URL: https://en.wikipedia.org/wiki/Google_v_Oracle
https://en.wikipedia.org/wiki/Google_LLC_v._Oracle_America,_...
So long as Nvidia's case doesn't get outright laughed out of court, they can throw money at their legal team until the developer goes bankrupt.