GTX 970: searching for real issues to stop nVidia's silence

Discussion in 'Videocards - NVIDIA GeForce' started by Franz, Feb 4, 2015.

  1. Franz

    Franz Active Member

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    only 56 instead of 64 ROPs , only 1.8 instead of 2 MB Level 2 cache and
    3584MB + 512MB
    The law firm Bursor & Fisher studied in the US meanwhile purchaser of the GeForce GTX 970, who are willing to share their personal opinion on the performance of the graphics card . In essence, the firm collects evidence of negative effects of the limitations on the performance in everyday life. Bursor & Fisher specializes in class action and sought successful method among others against the SIM lock in the network of AT & T in the past.

    http://bursor.com/investigations/nvidia/
     
  2. Gizmo

    Gizmo Member Guru

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    Blood in the water

    And the sharks start to circle

    Whats the beating that Nv's next driver update has a T&C that reads something like "by using this driver update you forgo all rights for you or any other member of your family (past,preset or future)& or allow any 3rd party to sue to take action in law again Nvidia Corporation".....
     
  3. Cartman372

    Cartman372 Maha Guru

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    Seeing as it's not a document you're signing and they can't prove that it was actually you that pressed "Accept" it wouldn't hold up in court.

    Assuming of course that nVidia's legal department would be stupid enough to even try it.
     
  4. Gizmo

    Gizmo Member Guru

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  5. stevevnicks

    stevevnicks Maha Guru

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    so what about if you don't download the Nvidia driver from Nvidia's website and get it through windows update, I cant remember seeing I waver any rights when windows auto updates.

    just asking.

    as far as I can make of it I don't think Nvidia Broke any laws

    at the end of the day, you should of questioned why does it not state on box the SPEC's of the GTX970.
    just because Nvidia issued the wrong spec's on its own website and to review sites, then 4 months later updated the info, where on the box, of the your card does it say anything about such spec's about ROP's, 2mb cache, at the end of the day the card does have 4gig of ram.
    which is printed on the box.

    the law don't state how the card has to access its ram just on the said amount

    or I bet it falls somewhere down them lines.
     
    Last edited: Feb 4, 2015
  6. Cartman372

    Cartman372 Maha Guru

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    Those were and are tied to an account, they can prove you saw the wavier because you had to sign into an account to accept those TOS. When you download nVidia drivers and install them you do not have to sign into an account nor is there any way to prove who installed the drivers.
     
  7. stevevnicks

    stevevnicks Maha Guru

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    I think the only real wrong doing is "Why Did It Take 4 Months To Realise"

    maybe they could get a fine for taking to long but Im not sure.
     
  8. HeavyHemi

    HeavyHemi Ancient Guru

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    The driver already has a EULA.

    "6. APPLICABLE LAW
    This LICENSE shall be deemed to have been made in, and shall be construed pursuant to, the laws of the State of Delaware. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. The state and/or federal courts residing in Santa Clara County, California shall have exclusive jurisdiction over any dispute or claim arising out of this Agreement. Customer may not export the SOFTWARE in violation of applicable export laws and regulations.

    7. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY
    7.1 No Warranties. THE SOFTWARE IS PROVIDED "AS IS" AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NVIDIA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, you are solely responsible for determining and verifying that the SOFTWARE that you obtain and install is the appropriate version for your model of graphics controller board, operating system, and computer hardware.
    7.2 No Liability for Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NVIDIA OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. NOTWITHSTANDING THE FOREGOING, NVIDIA'S AGGREGATE LIABILITY ARISING OUT OF THIS LICENSE AGREEMENT SHALL NOT EXCEED ONE THOUSAND UNITED STATES DOLLARS (USD$1000)." Thread comes off as more of an advert for a law firm versus informational.
     
  9. Fox2232

    Fox2232 Ancient Guru

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    Does they post same stuff with Quadro drivers?
     
  10. HeavyHemi

    HeavyHemi Ancient Guru

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    Probably. The EULA is in the main driver folder.
     

  11. HeavyHemi

    HeavyHemi Ancient Guru

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  12. sykozis

    sykozis Ancient Guru

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    Won't hold up in court in the US anyway. US Supreme Court already ruled on that several years ago when AT&T tried such tactics to protect themselves.
     
  13. MaxBlade

    MaxBlade Master Guru

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    "Silence"

    Did you know a lawyer and cops will tell you (been there watched it read it) right or wrong NEVER EVER talk to the cops. Everything you say will be used against you. So Nvidia being quite is very smart.

    These lawyers are not in this for you or me. Give you one of their little cases. They won 5million. They took over 3million you can guess who got the rest. No lie easy to find.

    So in the end if you hurt Nvidia you just hurt us as well and you helped these lawyers get very rich.

    If the specs were the same as the 980 then its easy to see just how this could have happen. To jump in la la land and start say its all a conspiracy man.. there all in on it. They did it on purpose .. yet they never had to. The card is awesome!

    By the time this is over you will be using some NEW Nvidia card wish you never said and did anything because all you got was $10.
     
  14. Mineria

    Mineria Ancient Guru

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    [​IMG]

    It really doesn't matter if NVidia gets or doesn't get called into court and that they or don't get away with this.
    What matters is, that we know about it and how to test for it in future generations of cards.
     
  15. ravaged

    ravaged Member Guru

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    I will buy a sandwich with the five bucks I get from the class action for my cards ten years from now. Woo!
     

  16. zais

    zais Member Guru

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    you'll love good advocate when you need them, same as bank, police, goverment and others

    do know that nvidia did adv. wrong spec.

    nvidia should repent
     
    Last edited: Feb 8, 2015

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