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Thread: Nvidia pulls plug on its GeForce Partner Program

  1. #17
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    Re: Nvidia pulls plug on its GeForce Partner Program

    Quote Originally Posted by scaryjim View Post
    I was prepping a reply about how that NDA looks OK to me, but then I realised the reproduced document has two paragraph 3's. If that's the quality of NV's legal documentation ….

    Anyway, even if it's a genuine nvidia document it's really not that bad at all. No liability for anything that's already entered the public domain, for anything that's known or disclosed to the recipient without restriction on the disclosure, or that's been independently developed - which I guess would cover benchmarking results? Nothing obviously heinous in there.

    The "solely for the benefit of NVidia" only applies to information that is still under NDA - which no-one should be reporting anyway. Once you're allowed to report on it liability under the agreement is explicitly waived, so you can say what you like.
    NVIDIA only gave 2 days to journalists to sign new NDA. The document describes how confidential information should be used by journalists and other parties. The German website Heise.de, claims that the new document attacks journalistic principles. In fact, their legal team ‘has clapped their hands over their heads as they read the document’.

    The new NDA does not refer to any particular product, such as upcoming GeForce. It does, however, outline how new products or events should be reported — and here’s the real problem.

    NVIDIA’s new NDA basically says that any confidential information provided to the party must be used ‘solely for the benefit of NVIDIA‘. This could be understood in many ways, but for a journalist sharing confidential information does not always mean reporting in favor of the new product, sometimes it is the opposite. So does criticism break new NDA? Heise.de is worried this could prevent journalists from writing whatever they want.

    Furthermore, new NDA also imposes 5-year expiration on confidential information. Journalists from Heise are concerned this could keep their mouth shut for 5 years should they decide to sign it.

    NVIDIA’s new NDA also mentions trade secrets, which are never to be talked about. This could theoretically prevent a journalist from sharing confidential information gathered from other sources. Especially when the same documents prevents journalists from posting ‘hypothesis’ or ‘predictions’ based on confidential information.

    The Heise.de team has decided not to sign the document. This will prevent them from obtaining samples for future products.
    Its says ANY confidential information,so that would also include things under NDA leaked to websites,like the details behind GPP. So basically no rumours if leaked to a website directly - unless Nvidia has released it to the public domain,its all confidential.

    Websites like HardOCP and Anandtech confirmed Nvidia was looking for partners for FCAT,soon after PCPER started using it and it was not known who the "hardware partner" was,or even things like GPP which are covered by such agreements too.

    So basically if any techsites knew of specific details behind GPP,and Nvidia put a gag on it,they wouldn't be able to talk about it until 2023.

    They couldn't even make videos hinting at stuff.

    An example is Linus talking about GPP,where he made some very,very strong hints about stuff he did know.

    Then what happens with something like the bumps issue,if Nvidia quietly admits in private there is an issue,but then gags anyone really talking about it since its confidential information??

    Edit!!

    You also need to read it careful - "disclosing party" is not anybody but "Nvidia and its partners". It's said in the first paragraph.

    So you are not liable if Nvidia(the disclosing party):
    a.)already released it to the public domain by Nvidia,but not via a breech of the agreement
    b.)Nvidia allowed the recipient to release it to the public domain
    c.)the technology reported was independently also developed by the recipient
    d.)it was already made available to other third parties but there was no restrictions on disclosure
    e.)by court order

    Heise.de are not some small German site - they have been around since the 1990s,so I would argue this is not the first NDA they have signed.

    The accompanying c't magazine also signed the article and that has like 300000+ circulation in Germany it appears.

    I don't think they would want to endanger themselves getting cut off from Nvidia for posting this.

    Not when its not only a website,but a whole lot of related magazines,and they employ 700 people:

    https://en.wikipedia.org/wiki/Heinz_Heise

    Edit!!

    Having said that unless AMD can compete,Nvidia can pretty much do what it wants TBF as they will be more relevant to most PC gamers.
    Last edited by CAT-THE-FIFTH; 26-06-2018 at 06:28 PM.


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    Re: Nvidia pulls plug on its GeForce Partner Program

    The comments make me wonder if nvidia is hiring people to comment on social media or something is happening...

    I'd like a list of those who signs their new MDA, so I can avoid them for the future.

    EDIT: Or well, not avoid them, that would be playing into the hands of nvdia with this sudden NDA, but to be aware of who has.
    Last edited by Savas; 07-07-2018 at 05:45 PM.

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