Not sure where to put this, but …
https://www.heise.de/newsticker/mel...A-als-Maulkorb-fuer-Journalisten-4091751.html
https://www.heise.de/newsticker/mel...A-als-Maulkorb-fuer-Journalisten-4091751.html
Impact of NDAs, Nvidias
- Thread starter CarstenS
- Start date
Benetanegia
Regular
I'm not a lawyer, but I don't really see anything wrong with the NDA. afaik NDAs do not allow the disclosure of confidential information at all, at least that's been the case with any NDA I've ever seen.
This NDA seems to allow disclosure of information as long as it's beneficial to Nvidia. That is, it is more permitting than usual NDAs, not more restrictive.
Of course you are allowed to report on anything Nvidia related, good or bad, as long as it's not based on confidential information provided by Nvidia itself. It simply does not allow you to disclose confidential information provided by Nvidia if it's damaging to the company, but again, when has disclosing any confidential information been allowed by NDAs at all?
This NDA seems to allow disclosure of information as long as it's beneficial to Nvidia. That is, it is more permitting than usual NDAs, not more restrictive.
Of course you are allowed to report on anything Nvidia related, good or bad, as long as it's not based on confidential information provided by Nvidia itself. It simply does not allow you to disclose confidential information provided by Nvidia if it's damaging to the company, but again, when has disclosing any confidential information been allowed by NDAs at all?
Yeah upon reading the actual agreement, I'm not sure there's anything really wrong with it. They give you private information not meant for publishing anywhere, if you don't like it you're not meant to post an article about it. I guess the problem lies in what they term as Confidential Information. Theoretically they can label anything as such thus tying your hands on what you can do with it?
Benetanegia
Regular
Why would Nvidia disclose such a thing in the first place?
This NDA is decidedly odd. Only use the NDA’d material to the benefit of nVidia is a strange one. What does this apply to really? It can’t be for the duration of the non-disclosure agreement, because then the material would still be under NDA, so....? Also, how is it determined whether something sufficiently benefits nVidia so as not to violate the agreement?
I would really, really like to see a list of the sites/publications who agree to sign this.
I would really, really like to see a list of the sites/publications who agree to sign this.
Some other german sites have already or are in the process of issuing statements wrt to the new Nvidia NDA. Internationally, I haven't seen much as of yet. Maybe timezone differences. 
Computerbase: https://www.computerbase.de/2018-06/stellungnahme-nvidia-nda/
PCGH: http://www.pcgameshardware.de/PC-Ga...Stillschweigevereinbarung-von-Nvidia-1259549/
Tom's Hardware Germany: https://www.tomshw.de/2018/06/26/un...uns-heute-vom-spekulatius-bis-zum-nda-glosse/
Gamestar: https://www.gamestar.de/xenforo/threads/nvidia-nda-vom-20-juni.464997/#post-18451854
Computerbase: https://www.computerbase.de/2018-06/stellungnahme-nvidia-nda/
PCGH: http://www.pcgameshardware.de/PC-Ga...Stillschweigevereinbarung-von-Nvidia-1259549/
Tom's Hardware Germany: https://www.tomshw.de/2018/06/26/un...uns-heute-vom-spekulatius-bis-zum-nda-glosse/
Gamestar: https://www.gamestar.de/xenforo/threads/nvidia-nda-vom-20-juni.464997/#post-18451854
Last edited:
D
Deleted member 13524
Guest
I think the article 3 "Termination of Obligation" says the journalists can say/write whatever they want about the "Confidential Information" they receive once the information isn't confidential anymore (e.g. it gets leaked to the public domain or is made public by nvidia).
The "to the benefit of nvidia" part still seems dodgy as hell, though. And I don't know what nvidia's legal team can enforce with that, especially knowing they're reportedly the most aggressive and draconian bunch out there.
But the news around this do seem overblown.
From my layman's point of view, there's also the bit about trade secrets (last sentence of paragraph 2) to be considered - which are never released from being under NDA. Just imagine the following scenario:
The year is 2014, Nvidia is launching the Maxwell 2.0 cards GTX 980 and 970. The majority of international tech press is present and has signed the NDA. After having presented the GTX 980, the focus turns toward the 970. In the ensuing Q&A, someone asks about how and why Nvidia decided to keep the whole memory system unchanged between the two parts. Jen-Hsun rises from his chair: „What I am about to tell you now is a trade secret …“.
The year is 2014, Nvidia is launching the Maxwell 2.0 cards GTX 980 and 970. The majority of international tech press is present and has signed the NDA. After having presented the GTX 980, the focus turns toward the 970. In the ensuing Q&A, someone asks about how and why Nvidia decided to keep the whole memory system unchanged between the two parts. Jen-Hsun rises from his chair: „What I am about to tell you now is a trade secret …“.
At which point someone promptly leaks it, and the highly valued trade secret becomes public knowledge and the whole thing is moot.
Understand that NVIDIA had the Pascal briefing leak during the briefing. If you really want to keep thing secret, you don't tell the press.
That's exactly why I mentioned the trade secret thingie: „Notwithstanding anything to the contrary herein, protection of information constituting a trade secret shall never expire.“
I vividly remember that. However, it does not change a thing about my point made above. I realize of course, that somebody could decide to be the martyr anyway, letting him getting sued to hell and back.
We have come a long way from the initial years of the GPU industry. In those years the industry was driven by graphics enthusiast, now it seems financial profit is the driving factor.
D
Deleted member 13524
Guest
I don't think profit has ever not been the driving factor.
Anti-consumer and anti-competitive practices on the other hand...
So, if no one leaks, media outlets would not disclose chip flaws or anticonsumer practices? If they choose to disclose, they have to paint NVIDIA in a good light. Can we call it independent coverage?
For any business financials are indeed important to at least the point you don't want to get out of business like for example 3dfx.
Once certain companies become dominant and have a semi-monopoly some companies like Intel, Apple and now also Nvidia resort to questionable practices to become (or stay) / (even more) dominant.
Luckily there still seems to be other dominant companies like ARM that have better business ethics.
hoom
Veteran
on the other hand nothing. NVs anti-competitive & anti-consumer practices started way back when they were up against 3dfx & have continued unabated ever since.
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