It's simple. Intel owns the licanse, and they have contracts with AMD and VIA currently to allow the single companys to make X86 CPU's. If the terms of the contract or agreement is/are broken Intel has the right to revoke the licanse, thus VIA/NV could no longer legally make a X86 CPU using any of the Intel proprietary archatecture.
Back it the day, AMD was making CPU's for Intel, and thus the acquired a licanse. I'm not sure how Cryix originally got thiers and or how it was passed on to VIA, but it is still licansed from Intel, and it clearly states the licanse is not transferable. This is why Intel filed a lawsuit for disclosure against AMD/ATI when they were bought/merged. To make sure the proprietary IP is protected and not used in a manner disallowed by the licanse.
Here is the injunction that Intel filed against AMD.
Quoted from AMD Game Forums.
""The ongoing dispute between AMD and Intel over AMD's manufacturing spinoff now known as Global Foundries has just gone to the next level. In an 8-K filing sent to the United States Securities and Exchange Commision, AMD says Intel sent them a notice saying they have "committed a material breach" of the 2001 cross license agreement that allows AMD to produce x86 processors. Intel feels the Global Foundries deal is in violation of the 2001 agreement and has threatened to terminate AMD's license effective May 4th, 2009. AMD feels that Intel's latest actions are in violation of the cross license agreement and has sent us a copy of the 8-K filing along with the following statement:
"Intel's action is an attempt to distract the world from the global antitrust scrutiny it faces. Should this matter proceed to litigation, we will prove not only that Intel is wrong, but also that Intel fabricated this claim to interfere with our commercial relationships and thus has violated the cross-license."
Here is a copy of the 8-K filing:
Advanced Micro Devices, Inc. (the "Company") has received correspondence from Intel Corporation ("Intel") related to the 2001 Patent Cross License Agreement between the Company and Intel (the "Cross License"). In this correspondence, Intel (i) alleges that the Company has committed a material breach of the Cross License through the creation of the Company's GLOBALFOUNDRIES joint venture and (ii) purports to terminate the Company's rights and licenses under the Cross License in 60 days if the alleged breach has not been corrected.
The Company strongly believes that (i) the Company has not breached the terms of the Cross-License and (ii) Intel has no right to terminate the Company's rights and licenses under the Cross License. Under the terms of the Cross License, there is an escalating procedure for resolving disputes, and the Company has commenced the application of that procedure with respect to Intel's purported attempt to terminate the Company's rights and licenses under the Cross License. In addition, the Company has informed Intel that the Company maintains that Intel's purported attempt to terminate the Company's rights and licenses under the Cross License itself constitutes a material breach of the Cross License by Intel which gives the Company the right to terminate Intel's rights and licenses under the Cross License Agreement while retaining the Company's rights and licenses under the Cross License Agreement.
Intel obviously sees things in a different light: "Intel believes that Global Foundries is not a subsidiary under terms of the agreement and is therefore not licensed under the 2001 patent cross-license agreement. Intel also said the structure of the deal between AMD and ATIC breaches a confidential portion of that agreement. Intel has asked AMD to make the relevant portion of the agreement public, but so far AMD has declined to do so."
The company went on to say: "Intellectual property is a cornerstone of Intel's technology leadership and for more than 30 years, the company has believed in the strategic importance of licensing intellectual property in exchange for fair value. However AMD cannot unilaterally extend Intel's licensing rights to a third party without Intel's consent," said Bruce Sewell, senior vice president and general counsel for Intel. We have attempted to address our concerns with AMD without success since October. We are willing to find a resolution but at the same time we have an obligation to our stockholders to protect the billions of dollars we've invested in intellectual property."
So in short, NV cannot get a X86 licanse just by buying the company that owns one. They CAN use the controlling interest in the company to further thier own platform development and integration.