Nvidia Hit with False Advertising Suit over GTX 970 Performance

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AnandThenMan

Diamond Member
Nov 11, 2004
3,949
504
126
So are they going to sue them for the GTX 660 Ti, GTX 660, GTX 560 SE, GTX 555, GTX 460 V2 and GTX 550 Ti as well? They've been doing this with memory allocation for some time. I suppose the leg they have to stand on (in the lawsuit) is that with those cards NV gave the specs as 192 bit, so when you see it paired with 1GB or 2GB of VRAM you know its not synchronous. With the GTX 970 its advertised as 256 bit.
What are you trying to say here? None of the cards you listed sans the 970 had the wrong specs as supplied by Nvidia. No one was mislead, the card you bought is the card you expected.
 

waffleironhead

Diamond Member
Aug 10, 2005
6,924
437
136

Enigmoid

Platinum Member
Sep 27, 2012
2,907
31
91
Not saying I agree or disagree but this is how the case is likely to go. Anyone with a little common sense and knowledge of the legal system will see it coming.

1. The 3.5 GB vs. 4 GB Vram has no LEGAL grounds to stand on (sure there are moral or ethical grounds but this is court). Card was marketed as a 4 GB card and has 4 GB vram on board which is fully accessible. Performance partition or not this there is nothing deceptive. Card was never marketed at 4 GB "full performance", it was marketed as 4 GB and it was assumed that, like all the other cards on the market, this vram was completely high performance. "Standard Memory Config" could imply many things; mainly that it uses a typical memory bus.

Subsequently, Plaintiff learned that this was due to the material misrepresented or undisclosed fact that the alleged 4GB GDDR5 (Graphic Double Data Rate x 5 Memory) capability of the GPU, in actuality, only uses 3.5GB at the GDDR5 operating speed, while the remaining 500MB operates 80% slower, therefore not qualifying as actual GDDR5 memory capability device.

Bolded part is mine and it quite unequivocally false.

2. Provided proof contains no claims of L2 or ROP.

3. The suit claims Gigabyte is at fault and engaged in deceptive practices (no grounds for this claim).

4. One would have to prove that the L2 and ROP count were advertised. (Nvidia's lawyers will attempt here to claim that specs provided to third party review sites are not advertising). "We messed up, " they will claim, " but we never advertised those facts."

I think Nvidia is at fault here and really think they should be doing damage control or something. However, putting aside any personal feelings and looking at the case in a purely objective point of view I do think Nvidia will win should a trial be called.
 

VirtualLarry

No Lifer
Aug 25, 2001
56,449
10,119
126
So are they going to sue them for the GTX 660 Ti, GTX 660, GTX 560 SE, GTX 555, GTX 460 V2 and GTX 550 Ti as well? They've been doing this with memory allocation for some time. I suppose the leg they have to stand on (in the lawsuit) is that with those cards NV gave the specs as 192 bit, so when you see it paired with 1GB or 2GB of VRAM you know its not synchronous. With the GTX 970 its advertised as 256 bit.

All SDRAM (and newer derivatives like DDR and GDDR) are "synchronous". Do you even know what you're trying to say?
 

Headfoot

Diamond Member
Feb 28, 2008
4,444
641
126
They allege these facts on all counts 1) 4GB vs 3.5+.5gb, 2) 56 ROPs vs 64 ROPS, 3) 2048KB L2 Cache vs 1792 L2 Cache.

People on the forum keep derping about the 4GB issue "DER IS 4GB ON DA CARD HURRR" when 56 vs 64 ROPS is demonstrably false and so is 2048KB L2 vs 1792 L2. The 4GB vs 3.5+.5 is just gravy. (plus extra support for deceptive business practices claim)

Further info from the complaint: 8,100 purchaser petitions sent to the FTC to take action against nVidia.

Please note that all the claims are california state law, not Lanham act or federal. Seems to be a tactical choice. Hint: to prove those claims it does require more than mere falsity in the advertising, and conversely, deceptive but not outright false advertising can be included as a deceptive business practice.
 
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garagisti

Senior member
Aug 7, 2007
592
7
81
Using the memory configuration as an argument then you could sue AMD and nVidia over their false Advertising of their Multi-GPU single cards like TitanZ or x295:
http://www.amd.com/en-us/products/graphics/desktop/r9#
http://www.geforce.com/hardware/desktop-gpus/geforce-gtx-titan-z/specifications

Neither of these cards have usable "up to 8GB" or "12GB".
Ahem, you're wrong. You could actually write software to use all 8gb or 12gb, by using certain methods, as was being discussed in another thread. Sure you can complain about scaling then, but it is possible to do so. Furthermore, all the memory is there, and is not segmented. The claim that 8gb or 12gb per GPU isn't made. Here, you have 4gb which is actually 3.xgb+ygb and both running at different speeds. Quite different. Then there is the matter of missing ROP's and L2 cache.
 

Lyfer

Diamond Member
May 28, 2003
5,842
2
81
I think its pretty [redacted] stupid on nvidia's part for not just telling the truth. But the 970 is a great card and plenty of my F&F all have upgraded to them and love them.

Profanity isn't allowed in the technical forums.
-- stahlhart
 
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rgallant

Golden Member
Apr 14, 2007
1,361
11
81
Not saying I agree or disagree but this is how the case is likely to go. Anyone with a little common sense and knowledge of the legal system will see it coming.

1. The 3.5 GB vs. 4 GB Vram has no LEGAL grounds to stand on (sure there are moral or ethical grounds but this is court). Card was marketed as a 4 GB card and has 4 GB vram on board which is fully accessible. Performance partition or not this there is nothing deceptive. Card was never marketed at 4 GB "full performance", it was marketed as 4 GB and it was assumed that, like all the other cards on the market, this vram was completely high performance. "Standard Memory Config" could imply many things; mainly that it uses a typical memory bus.




Bolded part is mine and it quite unequivocally false.

2. Provided proof contains no claims of L2 or ROP.

3. The suit claims Gigabyte is at fault and engaged in deceptive practices (no grounds for this claim).

4. One would have to prove that the L2 and ROP count were advertised. (Nvidia's lawyers will attempt here to claim that specs provided to third party review sites are not advertising). "We messed up, " they will claim, " but we never advertised those facts."

I think Nvidia is at fault here and really think they should be doing damage control or something. However, putting aside any personal feelings and looking at the case in a purely objective point of view I do think Nvidia will win should a trial be called.
just asking

nv said themselves that their drivers will load the first 3.5 gb first then put the least used vram in the last . 5 gb .[if it works]why would they do that if that memory config has no impact on the game ?

sounds like the last .5 has real issues by what NV has said using the full 4gb so not a standard memory config. compared to a gtx 980 that it should have been equal to as far as memory is concerned, sold and listed as the same.

if the 4gb is a duck
then it looks like a duck but does not walk or talk like a duck so not 4gb's of vram using only what NV has said.
 

AnandThenMan

Diamond Member
Nov 11, 2004
3,949
504
126
1. The 3.5 GB vs. 4 GB Vram has no LEGAL grounds to stand on (sure there are moral or ethical grounds but this is court). Card was marketed as a 4 GB card and has 4 GB vram on board which is fully accessible. Performance partition or not this there is nothing deceptive.
It is actually deceptive because the original specs meant there was a full 4GB memory bus.
 

Aikouka

Lifer
Nov 27, 2001
30,383
912
126
I think Nvidia is at fault here and really think they should be doing damage control or something. However, putting aside any personal feelings and looking at the case in a purely objective point of view I do think Nvidia will win should a trial be called.

When I first read the article, I came to the exact same conclusion.

The biggest problem is that they are making the wrong point on the memory. They need to find some evidence that states that the card contains 4GB of memory at xxxGB/s speed. That would be deceptive advertising since the card does not truly contain that. What this comes down to is people trying to create technical litigation that do not understand technology. That 500MB DRAM is actually just as fast as all the others when looked at individually, and that's the problem with the litigation. All of the chips are operating at the correct GDDR5 specifications, but they're not able to be accessed in the same way leading to a difference in overall speed.
 

AnandThenMan

Diamond Member
Nov 11, 2004
3,949
504
126
All of the chips are operating at the correct GDDR5 specifications, but they're not able to be accessed in the same way leading to a difference in overall speed.

Different is code for slower, which would not be the case if the card had the specs Nvidia claimed. Some of you need to read the filing they actually did a good job of laying things out. Either way, even if the memory speed was removed from the complaint, the rest of the specs were still wrong. That to me is enough on its own.
 

Pandamonia

Senior member
Jun 13, 2013
433
49
91
Most cars do not hit their MPG or BHP figures as quoted in the spec.

Good luck suing you dont stand a chance.

Nvidia never actually claims any performance on their advertising. Reviewers do. The card has 4GB of DDR5 regardless of what parts of the GPU are limited.

The cards perform in line with the reviews and you got what you paid for. You didnt buy the 980 so dont expect to get one
 

Mezzanine

Member
Feb 13, 2006
99
0
66
Nvidia can afford a fine and it won't hurt their sales in the slightest, people love their premium products.
 

Pandamonia

Senior member
Jun 13, 2013
433
49
91
Hyundai And Kia Out $745 Million Over False MPG Claims

Again, this is false. People did NOT get what they thought they were getting. This cannot be disputed.

Grossly over stating is one thing

But every car doesnt hit their mpg and most get away with it forever.

They got a 970 GTX thats exactly what they thought they were getting and actually got. Less performance than a 980 and more than a 960.

they got 4GB of VRAM and a 970 GPU. Exactly as described and claimed.

The 970 was always going to be gimped in someway... its a binned chip.

Nvidia doesnt have to disclose how it gets to its performance and if it chooses to share that with review sites then its the review sites that choose to post it publicly.
 

AnandThenMan

Diamond Member
Nov 11, 2004
3,949
504
126
They got a 970 GTX thats exactly what they thought they were getting and actually got. Less performance than a 980 and more than a 960.
Wrong again, people did not get the 970 Nvidia said it was.
they got 4GB of VRAM and a 970 GPU. Exactly as described and claimed.
Not true, the GPU is not as Nvidia described are you intentionally trying to ignore facts?
Nvidia doesnt have to disclose how it gets to its performance and if it chooses to share that with review sites then its the review sites that choose to post it publicly.
Meaning what? Nvidia supplies specs, review sites post them and assume they are in fact correct. Nvidia is responsible for the info being true not the review sites.
Grossly over stating is one thing

But every car doesnt hit their mpg and most get away with it forever.
Every auto maker uses the same test loop scenario and gets their MPG rating from that. Hyundai did the same test then inflated the numbers and got caught, very much like Nvidia made up numbers and got caught.
 

DaveSimmons

Elite Member
Aug 12, 2001
40,730
670
126
But every car doesnt hit their mpg and most get away with it forever.

Actually every car must hit the MPG advertised under the stated conditions.

If nviidia advertisements included 4 GB * 64 ROPS *

. . . with a page of fine print to explain the "professional driver closed course downhill with people pushing the car" parts then they would be OK legally.

Instead they "allegedly" concealed the fine print and the "side effects including nagging cough, blindness and death" part.

They just said "4 GB 64" and "allegedly" deceived us by hiding the qualifiers.
 
Feb 19, 2009
10,457
10
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So are they going to sue them for the GTX 660 Ti, GTX 660, GTX 560 SE, GTX 555, GTX 460 V2 and GTX 550 Ti as well? They've been doing this with memory allocation for some time. I suppose the leg they have to stand on (in the lawsuit) is that with those cards NV gave the specs as 192 bit, so when you see it paired with 1GB or 2GB of VRAM you know its not synchronous. With the GTX 970 its advertised as 256 bit.

The fact that they've been doing this for a long time goes against their explanation that the specs are a mix up, a confusion between the departments. They've got plenty of experience regarding how to handle odd specs. Here, all points lie to a deliberate marketing lie. Their release drivers were fully aware of the segmentation as it attempted to keep many games below the 3.5gb mark to avoid nasty performance issues. The driver team was obviously well aware of the plan for them to optimize it as such.

This situation reeks of NV management showing a complete disrespect and disdain for their loyal consumers. They are so arrogant they believe blatant false advertisement is not a major issue.

This small suit in LA is a minor thing. If I were in NV management, I would be very worried about a major investigation & suit by the EU commission. They are very tough on consumer protection laws over there.
 

AnandThenMan

Diamond Member
Nov 11, 2004
3,949
504
126
One of the first reviews that come up in a Google search
The ROP count stays at a whopping 64, with a 256-bit memory bus width and a standard memory total of 4 GB.
People bought the card with the full expectation it would be exactly as stated. There are still numerous review sites that have the incorrect specs listed, so to this day people are being mislead into buying hardware that is not as specified. You'd think if Nvidia gave a toss they'd make some effort to correct this.
 

Pandamonia

Senior member
Jun 13, 2013
433
49
91
The fact that they've been doing this for a long time goes against their explanation that the specs are a mix up, a confusion between the departments. They've got plenty of experience regarding how to handle odd specs. Here, all points lie to a deliberate marketing lie. Their release drivers were fully aware of the segmentation as it attempted to keep many games below the 3.5gb mark to avoid nasty performance issues. The driver team was obviously well aware of the plan for them to optimize it as such.

This situation reeks of NV management showing a complete disrespect and disdain for their loyal consumers. They are so arrogant they believe blatant false advertisement is not a major issue.

This small suit in LA is a minor thing. If I were in NV management, I would be very worried about a major investigation & suit by the EU commission. They are very tough on consumer protection laws over there.

The EU wont do crap.

Many products make claims and never live up to them. Anti age creams and the like.

Fact is that it doesnt matter what the fine print says or the specs say because the people who bought the 970 bought it because of the price and not because of its specs. Its cheaper than the 980 and performs like the 670 did vs the 680. People got exactly what they expected.

My SSD claims i can get 500mbps speeds and never gets close. Those are published claims too.

We are talking about a grey discrepancy which actually had zero effect on performance since the reviews showed the performance when they launched. The card does what the card has always done. It didnt change after review or launch. It performs the same now as ever.

I dont see what you can possibly sue for? Nvidia offered a refund didnt they?
 
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