New NVIDIA Press Embargo Stirs Things up

I agree - it isn't there so you can sue Nvidia, it's there so Nvidia can sue you. The point of the NDA is to tell you explicitly how Nvidia can take legal action against you if you don't comply with it.
EDIT: Legal action doesn't necessarily mean they can sue you, but it is a breach of a contract, so they can use that to deny you service (like providing review samples).

 

Is that so wrong?
I give you the Confidential Information and the brand new, soon-to be-released product, and then you use that to sue me?

So... all in all:
My main objection would be 2 days notice. Then again that smells like something should be incoming VERY SOON.

 

Huh? First of all, I'm not saying what is right or wrong, I'm telling you how this works. But like I said, the person with Nvidia's information can't sue Nvidia. In other words:
If you, a non-Nvidia individual, have Nvidia's confidential information or a soon-to-be-released product and you spread the information about those things outside of the NDA, Nvidia can take legal action to respond to that. If you, as the non-Nvidia individual holding this information, sign the NDA, you have no power; it isn't designed to give you leverage.
EDIT:
TL;DR, only Nvidia gets to sue you if you don't comply with the NDA; you can't sue them.

 

Well, it's putting the reviewer between a rock and a hard place of sorts. Sure it's standard, but there is arm twisting going on. I feel bad for reviewers like HH. It like having to walk on broken glass sometimes.

The industry has become quite poisoned like politics have been sadly. Anyone reading these forums can see that.

 

Wrong bro. You can sue Nvidia!
What you can't do is use the information provided by Nvidia under NDA to sue them.

Yes bro.
Nvidia gives you the Confidential Information, and Nvidia gives you free sh1t. And all she's asking is plx bro don't use THAT which I have given you to sue me.
OTOH if I kill your cat amd take a dump in your backyard, of course you can sue me.

 

I think you're getting a little too outside the scope of how this works. Yes, you can sue Nvidia, but your ability to sue Nvidia inherently has nothing to do with this NDA. The only time you would be able to sue Nvidia over the NDA is if they wrongly penalized you for something regarding it. So for example, if you released information after an embargo date and Nvidia sued you for releasing it too soon, you could counter this by saying "this does not infringe upon the rules of the NDA that I signed".
Otherwise, basically the point of the NDA goes as follows:
Nvidia will continue to provide you information and review samples as long as you release the information when we (Nvidia) say you can, and, as long as you're not incriminating us. Each statement in the NDA are the specific rules that you, the person who signed it, must abide by. If you don't abide by them, then Nvidia gets to take action. If you don't sign it, Nvidia discontinues their work with you. Does that make sense?

Remember, you're the one questioning the wording of the NDA; I personally think it makes sense.

 

@schmidtbag
Which part that I wrote you are disagreeing with?

 

The part saying that the NDA grants you the permission to sue Nvidia with the information they provide you, which frankly doesn't make sense.

 

Who said or implied that "NDA grants you the permission to sue Nvidia with the information they provide you"

 

Sorry - looking back, I think I was misinterpreting what you were trying to say.

 

And the mind manipulation begins.

 

you listen to most reviewers they will tell you NVidia always has been twisting arms.
to have things like this come out in the open(yes hello how professional of this guy)is unheard of in any industry.
I am guilty of getting upset over this and being a dipshit just as people with other views on the matter.

 

Heard of 4K yet? They soon reach 100+Hz so you plan on gaming 4k 100 htz what games are those please im very interesting in your expectations and willing price to spend on upcoming hardware.
talking a minimum of 3000 to game 4k 100 htz with a modern gpu.
that's a lot of money for such a tiny experience gain.

 

Think I'm beginning to understand. This NDA covers a lot more areas than just future product info, but includes ANY confidential info Nvidia may share them with. As in the GPP fiasco they underwent recently, it may have been more easily controlled with such an NDA. So a bit farther reaching than previous NDAs to protect themselves from future similar issues as well.

 

There's always gonna be NDA and there's always gonna be NDA cheaters whom need a viral post to get them going.

HH won't break NDA's but he will report on others whom try use these industry secrets to gain clicks on their sites.

If i was a small website trying to elbow my way into a packed industry then of course i care less for nVidia, Intel, AMD NDA's but once you've made it a success you'd be a fool to break these rules for the early web hits.

 

I would sign it too in HH shoes. This NDA is a load of crap though and Nvidia should be ashamed of the sloppy vague overreaching NDA. We really need AMD to step up their game soon since Nvidia is going full on monopolistic tactics lately.

 

Well I read the NDA. Nothing new here. Industry wants to protect there intelectual property, all over the world. And tech is faily easy to copy and timing marketing is key. In court I would see what NVidia puts on the table to establish that non-technical (confidential information) originated from NVidia. But again, nothing new in the industry: we have NDA's, EAR/ECCN for export control of tech, ...

 

100% behind you Hilbert. I see a lot of people with little experience dealing with this kind of business NDA dramatizing the situation a lot. I'm not shocked at all by the content of this NDA.

 

This nda lmao, now sites need to ask nvidia permision to comment on leaks and rumors.

 

The only part of this NDA that makes me unconfortable is this:

The agreement is long-term, and states that confidential information must be kept secret for five years, but if it concerns a 'professional trade secret', that confidentiality will never pass. This, in theory, could mean that journalists never could reveal a specific leaked detail from another source.

Maybe this is common on NDA´s but i really don´t like that some info must be kept secret for 5 years or forever if it relates to 'professional trade secret'. This could mean so many things...
Nvidia really seems to be stretching things with this.