Heise: NVIDIA’s new NDA attacks journalistic work

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jackstar7

Lifer
Jun 26, 2009
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If anything, I wonder if nV will learn something about how they approach the press outlets. In the wake of other missteps, they might want to put some extra effort into both public and press relations.
 

SickBeast

Lifer
Jul 21, 2000
14,377
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Shouldn’t part of signing an NDA mean that you can’t talk about the existence of the NDA? Kind of like fight club? It seems that nVidia’s PR department has set their reviewers loose to confront this story head on.

I will say that it seems as though AMD has nothing better to do. They dont’ have competitive cards so the best they can do is try to rain on nVidia’s parade in any way they can. They are probably terrified that Volta is going to relegate Vega to a low end product. And they won’t have anything better than Vega for at least another year. They are screwed.

Inflammatory posting and off-topic are not allowed.
This has nothing to do with AMD.
Markfw
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Guru

Senior member
May 5, 2017
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GamersNexus discuss the NDA with a lawyer:


Do we know the full name of the lawyer and his law firm? Is he a contract lawyer or something else? There is a huge difference of who exactly is commenting on this and giving legal advice. I wouldn't take legal advice from a criminal lawyer for financial fraud, you know what I mean. I don't know if I didn't quite catch it or if it isn't there, but I never got the GN attorney full name and law firm and specific field of law!!!

Second I think this NDA is 100% about GPP. If Nvidia deems GPP confidential and obviously they did deem it that to their partners, then NO ONE who's signed this NDA can talk about this. They can sue the redacted out of that company and have them gagged by court order to not be able to talk about the court battle.

This has NOTHING to do with Nvidia products, nothing to do with embargos, nothing to do with any Nvidia product or service, its got 100% to do with GPP and similar anticonsumer, monopolistic redacted that they want to get away with.

Anyone who signs this NDA HAS SOLD OUT to Nvidia. You can't with a straight face say that not being able to talk about "confidential information" as deemed by Nvidia is "NOTHING", "NO BIGGIE". Of course its BIG, of course its INSANE! You just SOLD OUT, and that is why you are saying its "no biggie". Of course it is, that is why 99% of people who read the new NDA are against it.

There is no profanity in the tech areas.
This is your 3rd time being told this.
Next time will result in additional time
off from the V&C Forum

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bystander36

Diamond Member
Apr 1, 2013
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Do we know the full name of the lawyer and his law firm? Is he a contract lawyer or something else? There is a huge difference of who exactly is commenting on this and giving legal advice. I wouldn't take legal advice from a criminal lawyer for financial fraud, you know what I mean. I don't know if I didn't quite catch it or if it isn't there, but I never got the GN attorney full name and law firm and specific field of law!!!

Second I think this NDA is 100% about GPP. If Nvidia deems GPP confidential and obviously they did deem it that to their partners, then NO ONE who's signed this NDA can talk about this. They can sue the shit out of that company and have them gagged by court order to not be able to talk about the court battle.

This has NOTHING to do with Nvidia products, nothing to do with embargos, nothing to do with any Nvidia product or service, its got 100% to do with GPP and similar anticonsumer, monopolistic bullshit that they want to get away with.

Anyone who signs this NDA HAS SOLD OUT to Nvidia. You can't with a straight face say that not being able to talk about "confidential information" as deemed by Nvidia is "NOTHING", "NO BIGGIE". Of course its BIG, of course its INSANE! You just SOLD OUT, and that is why you are saying its "no biggie". Of course it is, that is why 99% of people who read the new NDA are against it.

The NDA was posted in full. It says nothing about GPP. It was just a typical NDA for not releasing info on upcoming products. You can read it yourself.
 

Guru

Senior member
May 5, 2017
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The NDA was posted in full. It says nothing about GPP. It was just a typical NDA for not releasing info on upcoming products. You can read it yourself.
I've read it, thank you very much. Its is 100% about GPP. Its about any information pertaining to Nvidia, its NOT about products or services, in fact they don't mention ANY products, but they do mention INFORMATION. They mention confidential and trade secret, basically anything Nvidia wants to setup as confidential or trade secret they can.

This is 100% for GPP and future similar anti consumer, monopolistic policies.
 

bystander36

Diamond Member
Apr 1, 2013
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I've read it, thank you very much. Its is 100% about GPP. Its about any information pertaining to Nvidia, its NOT about products or services, in fact they don't mention ANY products, but they do mention INFORMATION. They mention confidential and trade secret, basically anything Nvidia wants to setup as confidential or trade secret they can.

This is 100% for GPP and future similar anti consumer, monopolistic policies.
This is the same type of NDA that every GPU released has. Have you ever noticed that specific GPU info doesn't get released until the date AMD, Intel or Nvidia sets? It's their NDA's. The only thing unique here, is they decided to make the NDA for a period of time, rather than making one for each and every product.
 

Ranulf

Platinum Member
Jul 18, 2001
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This is the same type of NDA that every GPU released has. Have you ever noticed that specific GPU info doesn't get released until the date AMD, Intel or Nvidia sets? It's their NDA's. The only thing unique here, is they decided to make the NDA for a period of time, rather than making one for each and every product.

A period of 5 years time, for video cards? The whole thing seems rather broad in its execution. In this legal climate of sue people you don't like into bankruptcy aka open lawfare, I'd stay the hell away from that NDA.

But hey, this is just Nvidia saving on lawyers fees by making a blanket NDA for products/info/trade secrets of 5 years instead of each and every product.
 

bystander36

Diamond Member
Apr 1, 2013
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A period of 5 years time, for video cards? The whole thing seems rather broad in its execution. In this legal climate of sue people you don't like into bankruptcy aka open lawfare, I'd stay the hell away from that NDA.

But hey, this is just Nvidia saving on lawyers fees by making a blanket NDA for products/info/trade secrets of 5 years instead of each and every product.
The NDA covers a 5 year span, but once each product is released, they get the OK to talk about it. The 5 years is just so they don't have to keep writing new NDA's. Although trade secrets they are not allowed to talk about ever, but that isn't the info we ever see, or ever have seen.
 

amenx

Diamond Member
Dec 17, 2004
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Re the 5 years, you can opt out at any point. Provided any confidential info you were already given is not divulged. If any info shared by Nvidia is scandalous or objectionable in any way, pretty sure it cannot be kept under wraps by all involved, it will leak some way or other by some upset party. Also of course, Nvidia will have to ensure any confidential info it shares is legal and not breaking any laws, otherwise parties will not be bound by the NDA.
 

Dribble

Platinum Member
Aug 9, 2005
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Seems nothing exciting at all. What the guy said is the 5 years is just so if you sign it, get given a load of confidential info, then decide to leave (which you can do at any time in writing) you can't discuss the confidential info you just got. Else reporters would just wait till they have a load of juicy confidential info, leave NDA and report it all defeating the whole point of having it.
 

coercitiv

Diamond Member
Jan 24, 2014
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The 5 years is just so they don't have to keep writing new NDA's.
My bet is there will be a new NDA for each new product launch in the next 5 years, on top of this written NDA.

I would also love to read a legal opinion of what would have happened during the GPP scandal if such an NDA were in effect at the time, considering news outlets only had rumors to work with - all their official sources were under NDA. What would have happened if they asked NVIDIA about it or were previously given info on GPP and told it was confidential information?

I know the leaked NDA does not prohibit the press to discuss information that has entered the public domain, but it seems to me GPP news that transpired from HardOCP would not be allowed to come from a news outlet that signed this NDA, and further more it may be difficult for such an outlet to even pick up this news from another source.
 
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Dribble

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Aug 9, 2005
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I know the leaked NDA does not prohibit the press to discuss information that has entered the public domain, but it seems to me GPP news that transpired from HardOCP would not be allowed to come from a news outlet that signed this NDA, and further more it may be difficult for such an outlet to even pick up this news from another source.

HardOCP would never want an NDA because they have insiders working for Nvidia passing them info. That information would obviously be covered by pretty well every NDA ever as it's confidential info that has come from Nvidia. While no-NDA *rumour* sites can get important info out there Nvidia would like to suppress they also report a lot of rubbish and half truths. Sites live by clicks and juicy rumours are a good way to get them, [H] is no different in that way. I'd trust them more then fudzilla but Kyle is someone with pretty strong opinions and hence strong biases.

That's quite different from review sites who make their clicks with day 1 reviews not insider rumours. They take the NDA, get the hardware early and can have a full review for that new card out on release day.

We as the readers want both, which is what we get so all is fine.
 
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May 11, 2008
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probably.

But this thing follows on the heals of "no new generation cards for a long time." ....whatever that means. Forcing journalists to say only positive things, locking them down for 5 years--that really is crazy, considering that would be what, 3-4 generations worth of cards?--wonder if something is rotten in Denmark and they are just trying to get ahead of the game and silence all criticism and dissent now?

sounds weird. Or it's just normal shadiness from these folks. I mean, I will say I won't buy an Nvidia card, and I actually won't.

I missed the Denmark part. Heise.de is German.

de is Germany.
dk is Denmark.
 

Ranulf

Platinum Member
Jul 18, 2001
2,906
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That's quite different from review sites who make their clicks with day 1 reviews not insider rumours. They take the NDA, get the hardware early and can have a full review for that new card out on release day.

You honestly believe that with that NDA, Nvidia won't bring the hammer down on any reviewers that don't toe the review guide party line? Those day 1 reviewers might never be wary of putting out non favorable numbers for a card? That 5 year NDA that says the signers have to make sure any info they release is to the "benefit of Nvidia".
 
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bystander36

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Apr 1, 2013
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You honestly believe that with that NDA, Nvidia won't bring the hammer down on any reviewers that don't toe the review guide party line? Those day 1 reviewers might never be wary of putting out non favorable numbers for a card? That 5 year NDA that says the signers have to make sure any info they release is to the "benefit of Nvidia".
They've never done this before. Why would it change now? Although AMD did do such things not so long ago, if I recall (after the CF stuttering issue came to light).

They are not required to write anything in particular. They just aren't allowed to write about trade secrets (which they wouldn't even get that type of info), and they aren't allowed to write about the card until the release date they are given. That's about all these NDA's do.
 
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jpiniero

Lifer
Oct 1, 2010
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Did you just ignore all the information indicating that this is standard language?

Doesn't seem that it is to me. I mean if you wanted to discourage them from talking about rumored products, even with no info given, that sounds like exactly the kind of language you would put in there.
 

bystander36

Diamond Member
Apr 1, 2013
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Doesn't seem that it is to me. I mean if you wanted to discourage them from talking about rumored products, even with no info given, that sounds like exactly the kind of language you would put in there.
You seem to just want to be up in arms about something, rather that waiting for something to be up in arms about.

Sites which give day 1 reviews shouldn't be talking about rumors anyway. Rumor sites don't get new products and information about that new product before they are released. I'm not sure how an NDA affects either party.
 

godihatework

Member
Apr 4, 2005
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ITT

A bunch of reactionaries who don’t realize that every company has NDAs with everyone they work with: partner, vendor, reviewer, or contractor.

Get a grip.
 
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Guru

Senior member
May 5, 2017
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ITT

A bunch of reactionaries who don’t realize that every company has NDAs with everyone they work with: partner, vendor, reviewer, or contractor.

Get a grip.
None are this broad and this long lasting and I'm not even talking purely about the computer hardware businesses.

This seems specifically crafted to prevent signers from being able to EVER talk about GPP or the similar redacted they will undoubtedly do next.

No profanity in the tech areas.

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coercitiv

Diamond Member
Jan 24, 2014
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That's quite different from review sites who make their clicks with day 1 reviews not insider rumours. They take the NDA, get the hardware early and can have a full review for that new card out on release day.

We as the readers want both, which is what we get so all is fine.
Are you saying review sites did not cover GPP?

Tom's Hardware
TechPowerUp
Techspot
 
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