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PNY's website claims they can tell if you overclocked their cards, but I think they are just blowing smoke. >>
I looked but couldn't find it. Where do they say this? It will be a good joke to show people

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While I don't think it's likely it's not necessarily a joke, with proper BIOS modifications a graphics card could be set to record the default specified clockspeed and if the clockspeed is altered at any time it could alter a simple pre-recorded setting set aside for such usage.
It could still easily be gotten around via modifying the BIOS, but the average user probably wouldnt know such a thing is possible let alone how to go about it.
Just to point out that it is indeed possible, if the manufacturer has designed it to report such conditions.
I havent actually heard of such a method being used in a couple years now, but it's been done before.