Did you mean AMD is not beating Nvidia of late? I'm fairly sure AMD has beaten AMD every time. From what I've understood from this thread, this has also affected buyers who have done nothing but install the card and the new drivers. No tampering with clocks manually. You can't say that's not defective, unless you are a lawyer who used to work for Big Tobacco. It's not the customers' business if a card is not working out of the box. I don't see how this would have become such a scandal if only manually overclocked cards were crashing. It would merely mean there's no overclocking headroom.