Editorial Revised NVIDIA Reviewers NDA Raises Eyebrows: Our Thoughts

[Recus]

Recipient shall use Confidential Information solely for benefit of Nvidia and shall not: (a) post news stories based on Confidential Information;

So you can write only good things but can't write anything at all?

Could graphics card sample be confidential information?

 

[OrionFOTL]

That year, there was an NVIDIA Radeon and an AMD GeForce.

What do you mean? I can't find anything about that.

 

[TheMailMan78]

What do you mean? I can't find anything about that.

BWAHAHAHAHAHAHAHAHAHAHAHA

If you are trolling....AMAZING! Man after my own heart!

If not......um.

 

[ShurikN]

If we take into account all nVidia's shitty business practices over the past decade and a half, I have no reason not to believe in Heise's story. We literally had GPP a month ago. How quickly people forget.
Journalism integrity doesn't matter, as long as you can pump out those day one reviews... get those YT views.

Also this made me chuckle.

That all said, NVIDIA has not contacted HardOCP about any upcoming information, which we believe to be in direct retaliation for discussing GPP with the world. NVIDIA did tell us before publication of the GPP information, that doing so "could damage the relationship" between HardOCP and NVIDIA.

 

[medi01]

Again, what's ACTUALLY controversial about it?

This part: ‘solely for the benefit of NVIDIA‘.

 

[Xaled]

1st the GPP thing and then the low demand for gpu causing nVidia to delay announcement of next gen gpu and now this ..nVidia is really mad now..

 

[RejZoR]

This part: ‘solely for the benefit of NVIDIA‘.

You know what's a critical component of English language? Context. Cutting that part out as stand alone sentence is not what document actually states. They literally go into explaining what is what under that point. And nowhere it says "write positive stuff about our product or else". It just states you're not suppose to abuse the given confidential info before they allow it.

 

[the54thvoid]

I think we should equate tech news to sweet news. It would bring things into perspective.

Today Mars released a new chocolate bar, it's awesome. The NDA we signed meant we couldn't tell you about its super dooper sweetness earlier. But now we can, and yum, that brown shit is the dogs bollocks. Another sweety review site, called, HardOCP (Hard On Chocolate Prohibition), sold the secret recipe Mars were working on and got no new chocolate to review. Boo Fucking Hoo. Now HardOCP are hoping the other brand of chocolate, Nestle, will send them all their great stuff instead. Except we all know, nestle sucks.

Now it all sounds like a silly game doesn't it? I don't think anyone died in this whole escapade unless perhaps they missed the nets at Foxconn.

 

[TheMailMan78]

I think we should equate tech news to sweet news. It would bring things into perspective.

Today Mars released a new chocolate bar, it's awesome. The NDA we signed meant we couldn't tell you about its super dooper sweetness earlier. But now we can, and yum, that brown shit is the dogs bollocks. Another sweety review site, called, HardOCP (Hard On Chocolate Prohibition), sold the secret recipe Mars were working on and got no new chocolate to review. Boo Fucking Hoo. Now HardOCP are hoping the other brand of chocolate, Nestle, will send them all their great stuff instead. Except we all know, nestle sucks.

Now it all sounds like a silly game doesn't it? I don't think anyone died in this whole escapade unless perhaps they missed the nets at Foxconn.

SCREW YOU! Nestle Crunch is awesome!

Also missing the Foxconn nets......thats funny right there! lol

 

[jabbadap]

This part: ‘solely for the benefit of NVIDIA‘.

Usually nda prohibits use of confidential information altogether, this wording seems to allow use of it if it's to benefit Nvidia. Albeit there's then list when one cannot use given confidential information at all. So it's more granting nda than usual.

 

[bug]

At this point, it would be nice to have a copy of the NDA AMD has news sites sign and compare.

 

[cadaveca]

I have enjoyed reading Techpowerup for about four years now. I agree with almost every Editorial posted. Unfortunately this means today is a solemn day for me. I cannot support Techpowerup's position on this. I'm sure this also means I cannot read and enjoy other websites like Anandtech.

If this is the kind of legal documents that sites like Techpowerup are signing, then hardware review sites might be irrevocably lost. Not releasing a review before an NDA date has been the case since the beginning but if you guys are being given confidential information at all regardless of talking positive or negative about it then you are absolutely not journalists. Journalist report under their OWN integrity. Not the marching orders of those being reported on.

Now I understand that the ONLY reason you are doing this is to protect what generates the most page views for the site, graphics card reviews. But be up front about that. You HAVE to sign even if the NDA said you had to give away your first born. You have NO choice or you risk losing page views and therefore ad revenue. At least be up front about that before pretending this is acceptable.

Further to the point, I had to check TWO agreements in order to sign into my already created Techpowerup account in order to comment on this editorial. I have to agree about cookies on every website. I have to check agree to legal statements constantly all over the web. We are lost to a constant barrage of legal statements born out of fear and this editorial is just further evidence of this.

The ONLY way back from this is for hardware review sites to stop accepting ANY hardware from manufacturers that ask you to sign anything other than waiting for the official release date.

You don't understand that true purpose of these NDAs then.

We sign NDAs so that that company providing the product is protected should something unfavorable happen due to the release of the information they are providing. Should they give out unreleased tech (as they always do), and someone leaks info, and that leak affects the stock market, the company is protected from accusations of trying to manipulate the market. It also lets them control that information release to a specific date, again, so as to prevent market manipulations.


Once you get into actually doing business with bleeding-edge technology in any industry, such NDAs are common and expected. The kicker here is that English words and legal words do not always have the same meanings as well, so you cannot just take the words in the NDA at face value unless you are reading it in "legalese". When you do, you'd realize that NDAs don't really do much at all.

 

[medi01]

You know what's a critical component of English language? Context. Cutting that part out as stand alone sentence is not what document actually states.

That's exactly what it states, according to heise.de's lawyers, but let us not assume you know less than them.

Given your background, would you mind comparing it to nVidia's previous NDAs?

...you cannot just take the words in the NDA at face value...

It is even cooler than "don't take it out of context".

 

[Xaled]

At this point, it would be nice to have a copy of the NDA AMD has news sites sign and compare.

Why only AMD ? what about Intel, OCZ, Asus, Gibabyte, Apple ..and so on? stop using AMD to justify nVidias actions in every single post of yours. AMD being a bitch doesnt justify nVidia to be the biggest wh*re of all time ...

 

[RejZoR]

I mean, the stated "benefit" to NVIDIA is solely for not leaking the data before the release date. They don't say benefit includes favorable review. There is NOTHING of such sort in the NDA. I don't know what Heise.de lawyers were reading. Some other version of NDA than the one provided in image form?

 

[Lobolawn]

@btarunr The way it reads is TPU will not use confidential information thats shows NVIDIA in a bad light. Basically if you "leak" it should only be to show NVIDIA in a good light. I don't see an "attack on journalism" anywhere. Just "Hey if you are going to leak stuff make sure its to make us look good!". Simple solution would be to just not leak anything and give honest reviews after the NDA. That other place sounds full of drama queens.

Also TPU doesn't favor any manufacture over another. People calling TPU biased should just leave. Seriously just leave. I mean why would you want to be a member of a review site thats biased? Leave while you still have your shining integrity. If you stay then STFU with such accusations OR go to Tweaktown and their Mexican storefront style website.

Every Past Ati Radeon Review:

Cons:

• No support for CUDA / PhysX

lol.....

 

[bug]

Why only AMD ? what about Intel, OCZ, Asus, Gibabyte, Apple ..and so on? stop using AMD to justify nVidias actions in every single post of yours. AMD being a bitch doesnt justify nVidia to be the biggest wh*re of all time ...

Because bringing unrelated themes into a discussion is both impolite and a documented means of derailing said conversation.

 

[Divide Overflow]

How odd. NVIDIA doesn't seem to have offered Kyle Bennett this NDA.

 

[TheMailMan78]

Every Past Ati Radeon Review:

Cons:

• No support for CUDA / PhysX

lol.....

So you signed up to TPU to point out what exactly? That AMD cards do not offer a feature thats clearly beneficial to a lot of people, therefore its a con? Notice how most of the reviews say nothing of the lack of G-sync being a con? Maybe because AMD offers an equivalent of Freesync?

Welcome to TPU.....good bye.

 

[birdie]

Not going to lie, I am somewhat saddened to hear that you signed that NDA. It won't keep me from enjoying the site though. I'll go kill some baddies in a few games and be all better.

Are you an idiot?

You won't get product samples to write reviews for unless you sign an NDA. A good review takes a week to complete and oftentimes newly released products have very limited availability. If you don't sign an NDA, you'll then have to buy a product to review, your review will be published very late and thus most people will ignore your website altogether, which means no money to run your website or to earn a living.

Bashing NVIDIA has become so trendy, Heise.de has definitely lost their mind. There's nothing unusual about this NDA and they also broke this NDA by releasing it.

 

[jabbadap]

That's exactly what it states, according to heise.de's lawyers, but let us not assume you know less than them.

Given your background, would you mind comparing it to nVidia's previous NDAs?

It is even cooler than "don't take it out of context".

He probably can't speaking of NDA agreements because they usually are prohibited by another nda. And you took it out of context. Whole sentence is:

Recipient shall use confidential information solely for benefit of Nvidia and shall not(list of things).

So you can write only good things but can't write anything at all?

Could graphics card sample be confidential information?

You can't write good things or bad things if it's breaks confidential, it's prohibited on that list. And yes of course Unreleased Graphics card is confidential, but there's that 3rd point about termination confidential. So when graphics card is released it's on public domain.

 

[gamertaboo]

What do you mean? I can't find anything about that.

He means that year Nvidia had the GTX 480 which ran really loud and hot, and AMD had a card that was really good.

Now days it's usually the opposite.

 

[medi01]

There's nothing unusual about this NDA

This is getting very annoying.
Show us any other NDA with "only to our benefit" statement then.
Hell, show us nVidia's older NDA's with such statement!!!

Now days it's usually the opposite.

Nothing AMD has at the moment is even remotely as bad as Fermi was.

 

[OrionFOTL]

That year, there was an NVIDIA Radeon and an AMD GeForce.

What do you mean? I can't find anything about that.

BWAHAHAHAHAHAHAHAHAHAHAHA

If you are trolling....AMAZING! Man after my own heart!

If not......um.

Are people not allowed to not know the details of drama surrounding a graphics card? Sorry, I'll call the police on myself.

He means that year Nvidia had the GTX 480 which ran really loud and hot, and AMD had a card that was really good.

Now days it's usually the opposite.

Thank you.

 

[ironwolf]

Are you an idiot?

You won't get product samples to write reviews for unless you sign an NDA. A good review takes a week to complete and oftentimes newly released products have very limited availability. If you don't sign an NDA, you'll then have to buy a product to review, your review will be published very late and thus most people will ignore your website altogether, which means no money to run your website or to earn a living.

Bashing NVIDIA has become so trendy, Heise.de has definitely lost their mind. There's nothing unusual about this NDA and they also broke this NDA by releasing it.

Yes, I am an idiot for reading the multitude of other sites who are not bowing down to this NDA. Shame on me. Guess TPU broke the NDA as well for releasing it/posting it?