NVIDIA Looks to Gag Journalists with Multi-Year Blanket NDAs

FrgMstr

Just Plain Mean
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First and foremost, I should tell you that NDAs in the tech world are nothing new, but those non-disclosure agreements usually are product-specific and date-specific. Say we agree to get a review sample of video card X. Many times we will get an NDA that is specific to releasing any information shared by card X's representative and a date when we can share that information with you, often referred to as the "embargo date." The German website Heise is telling us that NVIDIA's new NDA is much more far reaching than product-specific information, and stretches out 5 years. Recently we discussed EK's NDA, which we would not agree to, reaching out for 10 years and having financial penalties attached to it as well. You can read the EK NDA here. You can read the NVIDIA NDA shared below and make up your own mind.

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. Thanks to Armenius for the heads up.

The NDA in full.

Attack on the journalistic work - The NDA should apply to all information provided by Nvidia, so it did not refer to a specific product or information. There was also no concrete expiration date. It was also full of conditions that ran counter to journalistic principles. Our legal department clapped their hands over their heads as they read the document.

In other words, journalists are allowed to write only what fits Nvidia in the junk. In doing so, Nvidia downgrades the independent press into a marketing tool.

This NDA has been confirmed as very real and out with other tech sites.
 
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This is truly shocking and surprising.
Almost wheeled it out, but decided it was too serious for the old shocker jpg.

s-l300.jpg
 
Nvidia doing something that could be anti-consumer, shocking.

It goes back into the unethical nature of blacklisting reviewers who give poor reviews. Essentially the same thing here, but under contractual terms to never speak of it under threat of litigation.

What kind of company would send out a vague and all-encompassing NDA like this without a product to go along with it? It sounds like it's strictly to control the flow of information. I guess if you want a pre-release product for review you can't report on any kind of rumors that might paint Nvidia in a bad light anymore if you've signed this.
 
As long as nvidia keeps releaseing great cards, they'll have my money. I really couldn't care less if they mistreat the press, or enforce shady programs to its partners.

Once AMD or Intel beat nvidia, then I'll vote with my wallet.
 
Sounds very bad to me. Something out there has to keep companies in check.

If just we had a bunch of people working together with the power to mak some kind of rules to govern how things to be to make it fair for everyone. i fell like i have the name right on my tounge...
But instead, we have ppl paid by the companies to govern their interests against the people.
 
The second paragraph 3 (apparently Nvidia can't count) "Termination of Obligation of Confidentiality" says:
Recipient shall not be liable for the disclosure of Confidential information that: [...] entered the public domain subsequent to the time it was communicated to Recipient
I've never seen an NDA before, but this would seem to be effectively the same as a more time-limited NDA covering specific product information. I'm definitely not a lawyer, so I'm curious what the practical difference would be here.
 
That's just insane....they are trying to keep their hype train from derailing when their GPUs start missing the performance marks they claim.
This is some grimy stuff. Who puts a 10 year NDS out.....I think basically its saying that We don't want anyone who spoke out badly of someone to ever get the chance to speak out again.....this is what kills journalistic integrity.
Make you wonder how much of this type of stuff happens behind closed doors with the New Media outlets....looks like those smaller outfits get snuffed out along with suppressing the truth.
 
The terms of the agreement are also confidential per the first paragraph, so this is a public document, or it cannot be posted online to whomever it was given? We had NDA's I've just never read through them LOL, I just update them (by update I mean upLOAD them somewhere).
 
Intel, AMD, Nvidia all these companies have done some questionable things in the past, but Nvidia is sure taking things to another level. What is driving them I really wonder? Do they think that they have a chance to really drive AMD to the ground for good? It's puzzling.
 
Do they think that they have a chance to really drive AMD to the ground for good? It's puzzling.

I've wondered about this because they should WANT AMD around because of the word "Monopoly"*. They might want to keep them to 10% marketshare but not gone.

*not this administration, for sure, but a future one
 
damn, if I could return my 1070Ti for an exchange with a Vega 56, I would...
 
The second paragraph 3 (apparently Nvidia can't count) "Termination of Obligation of Confidentiality" says:

I've never seen an NDA before, but this would seem to be effectively the same as a more time-limited NDA covering specific product information. I'm definitely not a lawyer, so I'm curious what the practical difference would be here.

That's very common in NDA's (I'm no lawyer either). As far as I know, any information you knew beforehand or becomes public knowledge can't be enforced by an NDA.
 
That's very common in NDA's (I'm no lawyer either). As far as I know, any information you knew beforehand or becomes public knowledge can't be enforced by an NDA.

This may or may not be common, but in this instance seems overarching by Nvidia and anti-competitive.
 
I've wondered about this because they should WANT AMD around because of the word "Monopoly"*. They might want to keep them to 10% marketshare but not gone.

*not this administration, for sure, but a future one
They wouldn't be a monopoly.. that said, its unlikely they will drive AMD to the ground... I can only think its Volta will be incremental and not a blow out.
 
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