Isn't that backwards though? The hardware is just doing what it's doing at the physical level, the software is the gateway to the exploits.
However, that hardware (Intel), isn't forcing anyone to use said operating system/kernal. So I can't find any negligence/fraud abuse.
However, if for let's say, Intel releases CPUs that magically come pre-installed with Windows/Linux, and while KNOWING about the bug for 6 months, and continuing to sell those specially designed CPUs, then yes. Could be grounds for fraud/negligence.
However, since the end user is manually installing the software that acts as a gateway to the exploit, how does that mean the hardware is at fault?
Maybe I am missing something or don't fully understand this but that's my viewpoint on it