If I was a lawyer, I'd just point out that the NV40 is first-generation technology, and subsequent revisions of NV40 include functional PVP units, therefore not incorporating fallacious statements in any advertising media. The PVP device does work, just not on the experimental NV40 units. Additionally, I could argue that the "defects in material and workmanship" applies to physical hardware, in that if your GPU suddenly started idling at 150C and releasing silicon dioxide into your case, your GPU is clearly defective and interferes with your ability as an average consumer to enjoy your product; similarly, if you purchase a 6800GT and four pipelines are broken as a result of a mistake at the factory, you're entitled to a product that qualifies for what you paid for (as a 6800NU is not what you paid for, and a 6800NU clearly affects your ability to enjoy the 6800GT you paid for).
A PVP unit not working properly is not cause for a company to be obligated to do anything, other than apologize and blame it on their fabbing distributors, since they only make the cards, they don't build the components. Additionally, the PVP unit not working properly does not interfere with the average user's ability to enjoy their 6800, it only annoys a small percentage of people who are power users. I imagine most people who have 6800s don't even know they have a PVP unit, or know if it's functional, at that. Expecting BFG to throw you a free, "fixed" NV40 is fruitless, since they aren't required to supply you with minor hardware fixes; they could, if they desired to, but if they decide not to, there's not much you can do about it.
Edit: I love how people who flame and call names insist that they're just disagreeing. Calling me names won't change the situation, nor will it incite companies to suddenly decide to give you free stuff that they're not obligated to. All it does is make me wonder why you aren't on vacation. And last time I checked, I never name-called, nor said you were a retard; insecurity is the heart of 98% of all inferences, I guess.