Impact of NDAs, Nvidias

Discussion in 'Graphics and Semiconductor Industry' started by CarstenS, Jun 25, 2018.

  1. CarstenS

    Veteran Subscriber

    Joined:
    May 31, 2002
    Messages:
    4,798
    Likes Received:
    2,056
    Location:
    Germany
  2. Malo

    Malo Yak Mechanicum
    Legend Veteran Subscriber

    Joined:
    Feb 9, 2002
    Messages:
    7,041
    Likes Received:
    3,112
    Location:
    Pennsylvania
    Some interesting wording from the agreement. So you're not allowed to report on anything Nvidia related unless it's favorable for the next 5 years if you sign it? I'm guessing if you don't sign it then you get nothing from them anymore?
     
  3. Benetanegia

    Newcomer

    Joined:
    Sep 4, 2015
    Messages:
    222
    Likes Received:
    136
    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?
     
    pharma likes this.
  4. Malo

    Malo Yak Mechanicum
    Legend Veteran Subscriber

    Joined:
    Feb 9, 2002
    Messages:
    7,041
    Likes Received:
    3,112
    Location:
    Pennsylvania
    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?
     
  5. Kaotik

    Kaotik Drunk Member
    Legend

    Joined:
    Apr 16, 2003
    Messages:
    8,186
    Likes Received:
    1,841
    Location:
    Finland
    The way it was worded sounds like if NVIDIA tells under NDA some terrible flaw in the chip anyone who signed that thing couldn't talk about it for 5 years after the actual NDA ends?
     
  6. Benetanegia

    Newcomer

    Joined:
    Sep 4, 2015
    Messages:
    222
    Likes Received:
    136
    Why would Nvidia disclose such a thing in the first place?
     
    pharma likes this.
  7. Entropy

    Veteran

    Joined:
    Feb 8, 2002
    Messages:
    3,062
    Likes Received:
    1,024
    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.
     
  8. CarstenS

    Veteran Subscriber

    Joined:
    May 31, 2002
    Messages:
    4,798
    Likes Received:
    2,056
    Location:
    Germany
    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
     
    #8 CarstenS, Jun 26, 2018
    Last edited: Jun 26, 2018
  9. ToTTenTranz

    Legend Veteran Subscriber

    Joined:
    Jul 7, 2008
    Messages:
    10,001
    Likes Received:
    4,573
    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.
     
    Malo likes this.
  10. CarstenS

    Veteran Subscriber

    Joined:
    May 31, 2002
    Messages:
    4,798
    Likes Received:
    2,056
    Location:
    Germany
    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 …“.
     
    Malo and Picao84 like this.
  11. Malo

    Malo Yak Mechanicum
    Legend Veteran Subscriber

    Joined:
    Feb 9, 2002
    Messages:
    7,041
    Likes Received:
    3,112
    Location:
    Pennsylvania
    I bet Kyle wasn't asked to sign one :lol:
     
    sonen likes this.
  12. Ryan Smith

    Regular

    Joined:
    Mar 26, 2010
    Messages:
    611
    Likes Received:
    1,052
    Location:
    PCIe x16_1
    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.
     
  13. CarstenS

    Veteran Subscriber

    Joined:
    May 31, 2002
    Messages:
    4,798
    Likes Received:
    2,056
    Location:
    Germany
    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.
     
  14. sonen

    Newcomer

    Joined:
    Jul 13, 2012
    Messages:
    53
    Likes Received:
    33
  15. Malo

    Malo Yak Mechanicum
    Legend Veteran Subscriber

    Joined:
    Feb 9, 2002
    Messages:
    7,041
    Likes Received:
    3,112
    Location:
    Pennsylvania
    I believe this is still rather concerning as apparently Nvidia haven't required this level of NDA with press in decades past and this comes on the heels of the GPP...
     
    Voxilla likes this.
  16. Voxilla

    Regular

    Joined:
    Jun 23, 2007
    Messages:
    711
    Likes Received:
    282
    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.
     
  17. ToTTenTranz

    Legend Veteran Subscriber

    Joined:
    Jul 7, 2008
    Messages:
    10,001
    Likes Received:
    4,573
    I don't think profit has ever not been the driving factor.
    Anti-consumer and anti-competitive practices on the other hand...
     
    snarfbot likes this.
  18. fbomber

    Newcomer

    Joined:
    Jun 9, 2004
    Messages:
    156
    Likes Received:
    17
    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?
     
  19. Voxilla

    Regular

    Joined:
    Jun 23, 2007
    Messages:
    711
    Likes Received:
    282
    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.
     
  20. hoom

    Veteran

    Joined:
    Sep 23, 2003
    Messages:
    2,948
    Likes Received:
    497
    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.
     
    Ike Turner likes this.
Loading...

Share This Page

  • About Us

    Beyond3D has been around for over a decade and prides itself on being the best place on the web for in-depth, technically-driven discussion and analysis of 3D graphics hardware. If you love pixels and transistors, you've come to the right place!

    Beyond3D is proudly published by GPU Tools Ltd.
Loading...