phreakwarz77

Its funny you asked what I do for a living! A engineer, now retired early mind you. So I know all about quality and innovation! Back in the day  you didn't see the crap you see today. Or the kind of BS tactics used to screw a customer out of a lousy few cents or dollars. Back then we fixed the issue during production, not after a lawsuit. Now days with capitalist its hurry it up and get that product out weather it works right or not. Oh and while your at it, design it a cheap as possible so I can get my bonus! That is what capitalist has resorted to!
 
These capitalist have these guys who do nothing but figure out what and  how much a company has to loose or gain by trying to cut corners. If they can save 1.00 dollar in the production cost of an item, but it cost them .50 cents to deal with that item, well that's .50 cents times millions. You do know math?
 
Back to innovation. I'm not saying that innovation is a bad thing, hell we wouldn't have the PCs we have today without it.
 
Heres a question for you? The NVidia 980 has 4gb of ram just like the 970, but doesn't have the same issue as the 970, correct? Now I'm not up to speed with the 980, so I may be wrong by asking.

The 980 has the same amount of VRAM, but it also has more CUDA cores open on the chip.  I would never know if the 980 has this issue because I game in the here and now, 1080p.  Even though this card was to support 4K gaming, I have no need for it.  I actually have 2 970's in another rig of mine and I have never had the issue.  If it did, I would lower the settings in the game that has the shuddering.  Since when is lowering the settings not an option?  The best solution is to sell that card and buy something from another manufacturer.  Based on your sheer distain for Nvidia, I would suggest you never buy another Nvidia product again.   This is the capitalistic way.  Lawsuits feed the lawyers.  Maybe you like funding lawyers to get your way, but I prefer to speak with my wallet.  Based on your post you do not seem to know much about innovation or capitalism.  Also seems that many engineers study how to do that very thing you mention about the capitalists, "figure out what and  how much a company has to loose or gain by trying to cut corners".  Are you one of those capitalists?  Do engineers not try and find the most efficient and cost effective way to do something?

Grey_Beard

phreakwarz77

BF3PRO

bsmegreg
What im saying is they should refund you for the product and give you a new one or just refund you.  What happens when a recall happens? They usually refund your product and give you a free new one because they messed up.  Especially in this case regarding how they broke Federal Consumer Rights laws.  Either that or they should fix the issue and give me one that works, but wait, they don't care.

No laws have been broken until they prove they led customers with malice and lied on purpose...

Hahaha! Well it seems they did! Why else would NVidia be going to so much trouble to composite customers before the lawsuit even hit the courts?

Explain how this is false advertising?  Explain your damages.  Explain the malice.  I have been asking this for some time and no one has told me.  Give me some facts and not these emotionally rationalized arguments about capitalists.  Please, I would love to hear some facts.  Not L2 cahce and ROPs, but facts about the damage that this has caused to make you want to keep the card and get a full refund.  Imagine how successful a company would be if they gave their products away.  Imagine being an engineer for them, as your paycheck would be a bunch of IOUs.  Nice.

Explain how this is false advertising?
nvidia advertized the card as having the same memory interface as the gtx980 and it does not.  false advertising plain and simple.
 
Explain your damages.
bought a 4k monitor and 2 gtx970's and the game suffers above 3.5GDDR usage. plain and simple.  Also what if I had intended to use this card for scientific calculations.  in this scenario memory interface is often the bottleneck and performance will suffer.  http://www.mathworks.com/company/newsletters/articles/gpu-programming-in-matlab.html    as a person who does [link=mailto:F@H]F@H[/link] this could be an issue if stanford and nvidia would ever get their optimizations done for both driver and software.  this may be why we see a memory throttling going on while folding .
 
Explain the malice.
as a company they knew about the difference in memory interfaces but chose not to disclose this.  nobody cares what their excuse for not telling is (didn't a coach or parent ever explain about not using excuses).  
 
 
trust me when i say that if they decided to accidentally disclose the wrong financials to either investors or the gov't they would not get off so easily. 

Its in court, it will be handled but i'm still upset that my card is a dud.  I spent $350 for a falsely advertised card, 3.5GB + .5GB of crap is not the same as 4GB (yet alone the other issues).  It may not effect me now but it sure limits what I can do in the future as far as 4K gaming.  That new game that comes out in 2017, forget it, the GTX 970 is no match but the 960 is because its not a dud.  I overpaid for the card, I expected 4GB, but I got 3.5GB. Don't sit there and tell me its not false advertising.  
 
If you looked, for 5 minutes at the court papers already filed, you would notice they had a legitimate case and if you don't like our current laws regarding consumer protection than I would advise you contact your representatives and tell them how much you don't care about your rights.  Otherwise you should all notice that as an owner of a GTX 970 that EVGA made, you are entitled to rights that protect you from a falsely advertised product that EVEN STILL HAS NOT BEEN CORRECTED. 
 
Also, Gray_Beard and BF3PRO, you don't even own an EVGA GTX 970 so who are you to tell me that it doesn't matter? Of course it doesn't matter to you because you don't even own one.  
 
Although I do get why EVGA is not admitting guilt because if they did then they can just forget the Class Action Lawsuit and be forced to swallow the bill by admitting guilt now.  I guess there lawyers are just going the 'maybe the court system messes up' route.  However, I still don't get why there producing the card if they know, which they should know by now that they will be forced to refund/replace/compensate all the owners that care about there rights.
 
I still can't believe they even marketed the card because they had to of known about the problems before selling the first card seeing how meany tests they put it through before releasing it.  Unbelievable...  The new standard of reliability is 80% seeing how 20% of your dram is unusable as shown by EVGA.
 
 
 

Grey_Beard

phreakwarz77

Its funny you asked what I do for a living! A engineer, now retired early mind you. So I know all about quality and innovation! Back in the day  you didn't see the crap you see today. Or the kind of BS tactics used to screw a customer out of a lousy few cents or dollars. Back then we fixed the issue during production, not after a lawsuit. Now days with capitalist its hurry it up and get that product out weather it works right or not. Oh and while your at it, design it a cheap as possible so I can get my bonus! That is what capitalist has resorted to!
 
These capitalist have these guys who do nothing but figure out what and  how much a company has to loose or gain by trying to cut corners. If they can save 1.00 dollar in the production cost of an item, but it cost them .50 cents to deal with that item, well that's .50 cents times millions. You do know math?
 
Back to innovation. I'm not saying that innovation is a bad thing, hell we wouldn't have the PCs we have today without it.
 
Heres a question for you? The NVidia 980 has 4gb of ram just like the 970, but doesn't have the same issue as the 970, correct? Now I'm not up to speed with the 980, so I may be wrong by asking.

The 980 has the same amount of VRAM, but it also has more CUDA cores open on the chip.  I would never know if the 980 has this issue because I game in the here and now, 1080p.  Even though this card was to support 4K gaming, I have no need for it.  I actually have 2 970's in another rig of mine and I have never had the issue.  If it did, I would lower the settings in the game that has the shuddering.  Since when is lowering the settings not an option?  The best solution is to sell that card and buy something from another manufacturer.  Based on your sheer distain for Nvidia, I would suggest you never buy another Nvidia product again.   This is the capitalistic way.  Lawsuits feed the lawyers.  Maybe you like funding lawyers to get your way, but I prefer to speak with my wallet.  Based on your post you do not seem to know much about innovation or capitalism.  Also seems that many engineers study how to do that very thing you mention about the capitalists, "figure out what and  how much a company has to loose or gain by trying to cut corners".  Are you one of those capitalists?  Do engineers not try and find the most efficient and cost effective way to do something?

There are very, very few cases where an individual (non  lawyers ) has won a case without a  lawyer in similar situations. I also speak with my wallet, but when a manufacturer produces a faulty product, then keeps their mouth closed about it, its a bit to late to speak with my wallet. Don't you think? So whats the next option? You could do as you are doing and just give up and say keep my money and screw me again later!
 I have bought NVidia and AMD. I'm not a fanboy ( like yourself ) of one brand. But I would bet that if AMDs next chip is more powerful and efficient much like Nvidias, you would jump on it like a bear on honey! 

Grey_Beard

fkrIII
Explain how this is false advertising?
nvidia advertized the card as having the same memory interface as the gtx980 and it does not.  false advertising plain and simple.

No one said that.  Please post the link where Nvidia said that.  If it had the same interface, then why produce a 980?  You may want 4GB of it to act a certain way you perceived it to, this is not false advertising.  It was like this when you bought it and driver updates will make this work better.

 
there is no place where they are stated as being different and they are advertised in the exact same way.  If I go to the nvidia site it does not describe any difference between the two
 
 

fkrIII
Explain your damages.
bought a 4k monitor and 2 gtx970's and the game suffers above 3.5GDDR usage. plain and simple.

Your purchase of a 4K monitor is not damages.  You can still lower the setting and still play your games on this monitor.  No damages.  Your choice and not the company's to play at a certain level that the card was not intended for.  The 4K resolution is for multiple monitors, hence the display port requirement.
 
 
what of this situation.  Also what if I had intended to use this card for scientific calculations.  in this scenario memory interface is often the bottleneck and performance will suffer.  http://www.mathworks.com/company/newsletters/articles/gpu-programming-in-matlab.html    as a person who does [link=mailto:F@H]F@H[/link] this could be an issue if stanford and nvidia would ever get their optimizations done for both driver and software.  this may be why we see a memory throttling going on while folding .
 
this is a scenario where information was left out and if the only thing you knew going in is that the advertised memory was the same as the 980 then there would be financial damages as this would be part of bussiness where an investment was made but because as nvidia has said now they failed to inform the community of exactly what they were getting.
 

fkrIII 
Explain the malice.
as a company they knew about the difference in memory interfaces but chose not to disclose this.  nobody cares what their excuse for not telling is (didn't a coach or parent ever explain about not using excuses).  
 

The company tried to give you the best card for $329 it could.  I guess your expectation of that was different.  This again is not malice.  It is your requirement not theirs.
 

 
malice as per the law means a wrongful intention,  I would say that the way they advertised was a wrongful intention.   
 

fkrIII 
trust we when i say that if they decided to accidentally disclose the wrong financials to either investors or the gov't they would not get off so easily. 
 

There are specific laws that govern this.  Maybe you should read them and not spout off hyperbole.  There is no fiduciary responsibility to you that says the company has to help you not make a bad decision.  That is all on you.  Your responsibility is to use the card as designed and when it does not work in the conditions it was made for, then lower your settings.  You can lower your settings, you really can.
 



how is this hyperbole  (exaggerated statements or claims not meant to be taken literally.)  they are meant to be taken literally and they are not exaggerated.  the statement is just to say that if the penalties were as severe for not properly explaining their product (as the CEO of nvidia has admitted) then this type of thing would not happen.

bsmegreg

BF3PRO
I read the lawsuit documents... Honestly looks like a green attorney through them together without a tema of help... This again is not yet "false advertising". There has to be SOLID proof (the burden is on the plaintiff not nVidia) to prove they purposefully lied. nvidia could literally show up not fight and still win because of this... I personally hope they do... I wish people actually knew how capitalism worked were it not for capitalism there would be no need for engineers because there would be no incentive to be innovative... Again what can you name that exist because of anything but capitalism? What country are you an engineer in? Are you actually a certified engineer or do you have an engineering technology degree? One allows you to be called an actual engineer the other still requires a certification but it doesn't make you an engineer... I actually have an AMD Radeon R9 290 in my other Rig that needs a PSU... All this capitalism bashing... Maybe we should set the clocks back and get rid of everything we have now... I still stand by my statements of loosening regulations on business...

Obviously you did not read the case because the defendent was not nvidea, it was both EVGA and Gigabyte because they made the card and were the ones who screwed up. Nvidea made a beautiful chip but EVGA destroyed it with their slackerish memory architecture on the card making only 80% realt usable. I paid for 4GB and got 3.5, the new standard is 80% usable according to EVGA. Talk to me about how you would feel if you bought 100ounces of gold and only got 80. Wouldn't feel too good now would it?

Ummmm... It was Gigabyte and nVidia.... Again what does eVGA have to do with anything???? nVidia is the one who designed EVERYTHING including the memory architecture... Do you not know how this industry works?

nVidia is the one who did EVERYTHING with the Memory architecture eVGA and gigabyte has nothing to do with that...

bsmegreg
It's EVGA and Gigabyte, not nvidea... Nvidea is not part of the current case... Stop saying nvidea, there not one of the defendants. EVGA does design the memory, all nvidea does is make the chip, EVGA makes everything else.

Hahaha! You're clueless!
http://www.gamespot.com/a...uit-for-/1100-6425481/

Again nVidia designs the reference PCB.. This includes the GPU, memory, and VRMs... The memory architeure comes straight from nVidia eVGA, Asus, MSi, Gigabyte, PNY, and Zotac have no control over the memory interface... You need to read the lawsuit as it clearly names Goganyte and nVidia... Again, eVGA has NO control of the memory architecture...

bsmegreg
I'm still upset regarding my cards dram. If I wanted 3.5GB of dram I would of bought 3.5. Instead, I bought 4 and didn't get what I paid for when I got the 3.5GB. Quality and control went out the window then costumer service died of a heart attack, now I'm left with a card that I overpaid for, $350...

It has 4GB of VRAM... You can be upset and send your cards back or sell them and buy something from a competitor... I like how you don't even admit you're wrongn in the the "nVidia is not a defendant"... You held on to that argument too!

Actually I own two of these cards. You guys are very foolish. I just wish you got this upset when it really mattered, but I guess it is easy to flame someone over the net in a forum than to actually do what you need to.

You want to get a refund and keep the card, right, just like any other recall. So when GM recalls your ignition switch, they refund the purchase price of your car and you get to keep the car? This must be why they cannot make any money. Nice. Glad we bailed them out.

This lawsuit will go quietly into the night. You will lose your passion for it, as your emotion will not hold, it never does. Again, if you are this upset, sell the card and buy something else which is not an Nvidia product. I also own two of these cards, so the statements that I do not are wrong, just like your claims of false advertising.

I object to people on this great forum that add no value but to rage against the man. There are many other places to do that. I suggest doing that there. Unless you come here to help and assist this community, then you will be hit with reality.

If you bought a GTX 970 to get you into 4K gaming then you have made assumptions, as this type of PREMIUM gaming would require a PREMIUM card, which the GTX 970 is not and was never set up to be. This is on you and your assumptions. A PREMIUM card is not one that costs $329.

Good luck, as this will fissile out just like most of these do with little fanfare. The lawsuit will drag on much longer than your passion for justice, I guarantee it!

In a few months I will comeback to this thread and ask where your passion is. I will most-likely get no response. It is very tiring to have this much rage, logical thinking takes so much less energy. I am glad I think logically, so I can spend my energy on things that really matter like what color that darn dress really is.

Grey_Beard
Actually I own two of these cards. You guys are very foolish. I just wish you got this upset when it really mattered, but I guess it is easy to flame someone over the net in a forum than to actually do what you need to.

You want to get a refund and keep the card, right, just like any other recall. So when GM recalls your ignition switch, they refund the purchase price of your car and you get to keep the car? This must be why they cannot make any money. Nice. Glad we bailed them out.

This lawsuit will go quietly into the night. You will lose your passion for it, as your emotion will not hold, it never does. Again, if you are this upset, sell the card and buy something else which is not an Nvidia product. I also own two of these cards, so the statements that I do not are wrong, just like your claims of false advertising.

I object to people on this great forum that add no value but to rage against the man. There are many other places to do that. I suggest doing that there. Unless you come here to help and assist this community, then you will be hit with reality.

If you bought a GTX 970 to get you into 4K gaming then you have made assumptions, as this type of PREMIUM gaming would require a PREMIUM card, which the GTX 970 is not and was never set up to be. This is on you and your assumptions. A PREMIUM card is not one that costs $329.

Good luck, as this will fissile out just like most of these do with little fanfare. The lawsuit will drag on much longer than your passion for justice, I guarantee it!

In a few months I will comeback to this thread and ask where your passion is. I will most-likely get no response. It is very tiring to have this much rage, logical thinking takes so much less energy. I am glad I think logically, so I can spend my energy on things that really matter like what color that darn dress really is.

 
+1.... This will most certainly fall to the waste side and Nvidia will drag there feet for years on it if they have to. Their 25 lawyer team must just sit and laugh and laugh at how winnable this case will be for them and the oodles of money they will make off it in retainer/paperwork/specialists etc.... Im sure at this point the only discussion Nvidia is having about this is how to PR this back into realitys waters. The hype machine really ran away with this one.

 When I saw the Newegg news, I was stunned. 20% will be returned. 20$ on 100$.
 
That justifies the GTX 970 for me. Then again, Newegg isn't worldwide, now is it!!.
 
That doesn't mean I dont want Nvidia to be taken to court.

Grey_Beard
Actually I own two of these cards. You guys are very foolish. I just wish you got this upset when it really mattered, but I guess it is easy to flame someone over the net in a forum than to actually do what you need to.

You want to get a refund and keep the card, right, just like any other recall. So when GM recalls your ignition switch, they refund the purchase price of your car and you get to keep the car? This must be why they cannot make any money. Nice. Glad we bailed them out.

This lawsuit will go quietly into the night. You will lose your passion for it, as your emotion will not hold, it never does. Again, if you are this upset, sell the card and buy something else which is not an Nvidia product. I also own two of these cards, so the statements that I do not are wrong, just like your claims of false advertising.

I object to people on this great forum that add no value but to rage against the man. There are many other places to do that. I suggest doing that there. Unless you come here to help and assist this community, then you will be hit with reality.

If you bought a GTX 970 to get you into 4K gaming then you have made assumptions, as this type of PREMIUM gaming would require a PREMIUM card, which the GTX 970 is not and was never set up to be. This is on you and your assumptions. A PREMIUM card is not one that costs $329.

Good luck, as this will fissile out just like most of these do with little fanfare. The lawsuit will drag on much longer than your passion for justice, I guarantee it!

In a few months I will comeback to this thread and ask where your passion is. I will most-likely get no response. It is very tiring to have this much rage, logical thinking takes so much less energy. I am glad I think logically, so I can spend my energy on things that really matter like what color that darn dress really is.

How did refund all of a sudden become getting something for free? Refund means you return the product and you get your money back. If you read the change.org article, this is for the people that want to return their product and get their money back. Not a bunch of freeloaders that just want to take advantage of a situation.

This thread is like an open sore that won't close.
 

Grey_Beard

Fettle

Grey_Beard
Actually I own two of these cards. You guys are very foolish.

 
When nothing else works, start the name calling.

Name calling? Really? That has to be the most humorous comment yet.

  i don't know your cereal analogy was pretty classic.
 
ie.  the cereal box is really big so it is false advertising.   aaaarrrrgggggghhhhhh
 

Vlada011
Wait, it's action against NVIDIA and GIGA-BYTE Technology LTD...
They mean on... 

...or some other company?
Why against them? What's their fault in whole mess?

No, it was the card that the original person who brought the suit forward has or the one this law firm accepted as the initial client.  That's all.  Nvidia is the target, no mistake about that.