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Lawsuit Claims Nvidia Execs Concealed Serious Flaw

snydeq writes "A lawsuit filed in a California court on Tuesday alleges Nvidia concealed the existence of a serious defect in its graphics-chip line for at least eight months 'in a series of false and misleading statements made to the investing public.' The lawsuit contends that Nvidia CEO Jen-Hsun Huang and CFO Marvin Burkett knew as early as November 2007 about a flaw that exists in the packaging used with some of the company's graphics chips that caused them to fail at unusually high rates. Nvidia publicly acknowledged the flaw on July 2, when it announced plans to take a one-time charge of up to $200 million to cover warranty costs related to the problem. That announcement caused Nvidia's stock price to fall by 31 percent to $12.98 and reduced the company's market capitalization by $3 billion, the lawsuit said. The lawsuit seeks class-action status against Nvidia and unspecified damages."

5 of 219 comments (clear)

  1. Re:Curious to see where this one goes... by Anonymous Coward · · Score: 5, Insightful

    You should definitely sign up. They will most likely be providing a $20 coupon to all people who purchased nVidia products between a specified date range. I've heard the lawyers might get a small piece of the settlement too - like 50%.

  2. Re:Curious to see where this one goes... by mapsjanhere · · Score: 5, Informative

    Sorry, this is the law suit for duped stock buyers, not duped product buyers. The duped product lawsuit is in room 12.
    Past the joke, if it makes it past the warranty period you have little regress as a customer. While it's illegal to say "we're doing great" while knowing your main product line is failing from a security law point of view, unless the failing parts are in a safety critical application (e. g. child car seats) there is no law mandating a recall/replacement/settlement for selling a crappy product.

    --
    I'm aging rapidly, I bought a new game and had no idea if my machine was good for it.
  3. Re:Nvidia customer here by vonPoonBurGer · · Score: 5, Informative

    which specific chips are effected?

    No one knows for sure, and Nvidia isn't telling. The Inquirer says practically all of them, but their author has a history with Nvidia so there's quite a potential for bias there. The running theory is that the problem is due to thermal properties of a substrate material. This substrate material supposedly expands and contracts at a different rate than surrounding material in the chip package. Over time, this stresses the silicon or solder points, eventually causing a failure of the part. Laptop parts are definitely affected, you only need to look in notebook manufacturers forums and you'll see an incredible number of posts from owner of notebooks with, for example, 8600 GT mobile parts.

    Desktop parts may also be affected, since they're all based on the same core silicon with (supposedly) the same substrate materials. It's possible that the problems aren't as apparent (at least not yet) due to the different thermal conditions you'd see in a tower chassis compared to a notebook. The very popular 8800GTs out there may start failing en masse in three months, six months, a year's time, or maybe never. Because Nvidia won't specifically say which parts are affected, whether it's all the parts or only certain manufacturing runs, etc., we have only speculation and rumor to go on.

  4. Re:Again? by Anonymous Coward · · Score: 5, Funny

    Psh...AC isn't new. You must be new here!

  5. Well, not really by Moraelin · · Score: 5, Informative

    1. A dirty little secret of all governments, the USA included, is that they _can't_ get rid of unemployment or inflation, and they're actually trying to keep both where they want them. There's this funny little hyperbolic-looking curve called the Phillips Curve, which ties inflation to unemployment. If you even tried to push one to zero, the other rises sky-high.

    So the best any government can do is to keep both at a point they can live with. Exactly what that point is, that's a matter of political debate and position, but everyone tries to do that. A mean most used is the interest rate. That's what the federal reserve does in the USA, but other countries have their own similar institutions.

    (The corolary being that any politician which harps on unemployment and inflation as proof that his opponents are evil, or worse yet, promises to really solve either or both, is himself a liar and has no scruples telling you lies to gain power.)

    So, yes, a bunch of people without jobs _are_ what makes the economy work. (A capitalist economy included.) Because without those, you'd get a hyperinflation comparable to interwar Germany. (Just as a comparison point, not saying that that's the same cause.) And conversely, if anyone actually managed to eliminate inflation, like some idiots demand, most of you would be out of job.

    2. Well, actually, the reluctance to make people change jobs was arguably one of the (several) reasons the Soviet economy colapsed. They were very reluctant to kick people out of a job, since the whole theory was that everyone should be given a job in communism. So if they made a hammer manufacturing company, and 20 years later there would be more of a need for wrenches, they'd still keep a bunch of people there making hammers, just so they don't kick them out and tell them to find another job. It's not the only factor, of course, but worth thinking about.

    Or seen at another level, they wanted to eliminate both the unemployment _and_ inflation (via price controls) which had the same devastating results as when it had been attempted before. If both can't take their natural positions on that curve, something else has to give. In their case, productivity went down instead, and corruption went out of hand. Which effectively is another way to get inflation, only in a much more destructive way.

    3. The whole thing about capitalism and the free market is that it's an optimization algorithm. It's really a genetic algorithm, based on semi-uninformed trial and error. The "genes" (processes, ideas, products) which are closer to optimal survive and are copied by others, and the process repeats, moving it all closer to the optimum. The genes which lost, and the companies which bet on them, die. Sometimes spectacularly, leaving a bunch of people temporarily unemployed.

    That's how it's supposed to work. Bit wasteful, no doubt, and stressful for those who end up looking for a new job. Scott Adams of Dilbert fame (who, I might add, is actually trained as an economist, so he might understand these things) claimed in a blog post that it's "harnessing the power of stupidity" and that at any given moment, 80% of society's resources are pushed off a cliff by idiots. But somehow it seems to work better than anything else we've tried. Trying to prevent that optimization cycle from happening, deviates from optimum very quickly, and produces even worse results.

    It _is_ what makes capitalism work.

    --
    A polar bear is a cartesian bear after a coordinate transform.