Slashdot Mirror


Nvidia Faces Suit Over GTX970 Performance Claims

According to this story at PC World, Nvidia was hit with a class action lawsuit Thursday that claims it misled customers about the capabilities of the GTX 970, which was released in September. Nvidia markets the chip as having 4GB of performance-boosting video RAM, but some users have complained the chip falters after using 3.5GB of that allocation. The lawsuit says the remaining half gigabyte runs 80 percent slower than it's supposed to. That can cause images to stutter on a high resolution screen and some games to perform poorly, the suit says. It was filed in the U.S. District Court for Northern California and names as defendants Nvidia and Giga-Byte Technology, which sells the GTX 970 in graphics cards. Nvidia declined to comment on the lawsuit Friday and Giga-Byte couldn't immediately be reached.

30 of 161 comments (clear)

  1. Seagate by Anonymous Coward · · Score: 3, Insightful

    This doesn't look very different from when Seagate was taken to court over mislabeling hard-drives sizes, using 1000000 bytes for a MB instead of the commonly used 1048576 bytes for a MB.

    I fully expect they will lose this, lose some PR metric, and start to implement the age old skill of asterisks on packages and adverts.

    1. Re:Seagate by TapeCutter · · Score: 3, Insightful

      Looks exactly the same to me, people wanting compensation for their idiotic complaint. Who would go to the trouble of starting a class action suit over this sort of trivia? Is it really disgruntled customers or is it a competitor playing a dirty PR game?

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    2. Re:Seagate by 0123456 · · Score: 5, Insightful

      Who would go to the trouble of starting a class action suit over this sort of trivia?

      Lawyers?

      They'll make a few million, and all the GTX970 owners will get a $5 discount coupon off their next Nvidia card.

    3. Re:Seagate by Dutch+Gun · · Score: 4, Interesting

      nvidia did much more egregious deceptive marketing well over a decade ago in the GeForce4 MX, which didn't have programmable shaders like the GeForce3 series. I actually learned about it because the company where I worked was fooled into buying one of these for my computer, when the program I was using required one of the higher-spec devices. That misleading advertising actually did real financial damage, at least in my company's case, both in lost productivity and in replacing the hardware.

      That really bothered me, and I started buying ATI cards for a time after that, since I didn't want to reward a company for underhanded behavior. I only started buying nvidia again quite a few years after that since the ATI drivers were giving me more trouble than they were worth.

      This is not quite as bad, but it definitely smells a bit the same. A "mistake", really? I'm betting they wouldn't have made a "mistake" in underestimating their card's performance. Marketing at it's finest.

      --
      Irony: Agile development has too much intertia to be abandoned now.
    4. Re:Seagate by LostMyBeaver · · Score: 2, Informative

      More accurately, nVidia could probably make it clear that 3.5 gigs is better than 3 gigs and 512megs is more expensive to add than the extra gig. So, a 4 gig card with 3.5 gigs active is the best you can expect right now. So the user with the 4 gig card can still expect better performance than a user with a 3 gig card.

      Pretty sad

    5. Re:Seagate by LostMyBeaver · · Score: 3, Insightful

      I was thinking that the $5 discount coupon would only be given to people willing to spend 15 minutes filling out the forms to get it. The lawyers will collect the difference after the expiration.

      I think it's more likely that there's lawyers sitting around somewhere who are reading news rags and looking for reviews which out this type of stuff. They then initiate the class action and make noise on sites like Slashdot to get people to sign up in order to establish the requirements for it to be considered a class action.

      There are far too many people who would do something stupid like say "I clicked the link out of principle!"

    6. Re:Seagate by hairyfeet · · Score: 3, Insightful

      Good lord, what is with all the corporate ass kissing? Nvidia is gonna need extra wipes tonight to clean all the lip prints off their behinds!

      Look, for those that seem to have trouble understanding the concept of truth in advertising I'll spell it out, okay? They ADVERTISED a 4GB card but if you try to load a HD texture pack that goes over 3.5GB does it work? NO IT DOES NOT because the last 512Mb might as well be turbocache system RAM for all the good it will do ya! So it is really REALLY simple, they gimped the chip, the way they gimped the chip made it for all intents and purposes a 3.5GB card (since you will NEVER EVER EVER BE ABLE TO USE THE LAST 512MB because of how big of a speed difference there is, it is IMPOSSIBLE for you to use a large HD texture with the last 512MB running at just 20% speed, so its worthless) and yet they sold it as a 4GB card.

      The solution is obvious, anybody who bought the 4GB should be refunded the difference between a 3GB version of the card and a 4GB and all future cards should be sold as 3.5GB since that last 512MB will never be used by a single game EVAR as it'll tie such a fucking boat anchor to performance you might as well be running it on a 9800GT. If they would have sold it as a 3.5GB card? No problem, case closed. But people shelled out for these specifically so they could load all those HD texture packs which just aren't gonna run on these, you will have to treat it as a 3GB card because if you go 1MB into that last 512MB? Say goodbye to your framerate. I'm sorry but I agree with the plaintiffs, they didn't get what they paid for.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    7. Re:Seagate by drinkypoo · · Score: 3, Insightful

      nvidia did much more egregious deceptive marketing well over a decade ago in the GeForce4 MX,

      Really? I had one of those cards, what was wrong with it?

      I actually learned about it because the company where I worked was fooled into buying one of these for my computer, when the program I was using required one of the higher-spec devices.

      Fooled? How?

      That misleading advertising actually did real financial damage,

      No. The idiot chump who made the purchasing decision and bought the card even though it did not have programmable shaders and didn't say it had programmable shaders is the one who did the company real financial damage. The GF4MX never claimed to have programmable shaders. Are you that idiot? Or did the GF4MX just touch you somewhere? Can you show us on this picture of the internet where nVidia touched you?

      I owned a GF4MX because it was a fantastic value. As a budget gamer, it was the best buy at the time if you weren't playing games which demanded shaders. As a corporate user who needed shader support, you'd have to be an asshole to buy the GF4MX anyway, because it was a budget card. You wouldn't buy a card like that to do work, unless you just needed a basic GPU.

      This may shock you, but you are going to have to do your homework no matter what you buy. The model numbers on cars are equally worthless. Let me guess, your business also bought a one ton truck and discovered after ignoring the weight allowances that it couldn't actually haul one ton in the bed legally, and therefore Ford stole your money and kicked you in the nuts because you were too dumb to read and understand the specs, and that the GVWR would only allow you 3/4 of a ton of actual hauling capacity in your one ton truck.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    8. Re:Seagate by FyRE666 · · Score: 2

      Has Slashdot somehow attracted edgy Youtube commenters now? It's so dull to read useless diatribes full of personal attacks and passive-aggressive dick waving. I'd hope we're a little more intelligent here. Why do people even post this garbage? Do they think it makes them "cool", or maybe that it'll impress someone? Maybe it's just a cry for attention from a lonely 12 year old I guess...

    9. Re:Seagate by OverlordQ · · Score: 2

      > The short story is that Maxtor was the first to have a Marketing department take advantage of that, knowing full well most people see MB and assume powers of 2.

      Then most people are stupid. Stop trying to bastardize the SI prefixes for your hard drive edge case, in every other measure Mega is a base 10 power, not base 2.

      --
      Your hair look like poop, Bob! - Wanker.
    10. Re:Seagate by greg1104 · · Score: 2

      No, that dude has been on Slashdot for longer than any 12 year old has been alive. You can tell from both his uid and the terrible car analogy.

    11. Re: Seagate by jones_supa · · Score: 2

      Here's an old Geforce 4 discussion from 2001 in Slashdot, for those who want to compare.

    12. Re:Seagate by Spamalope · · Score: 2

      nvidia did much more egregious deceptive marketing well over a decade ago in the GeForce4 MX,

      Really? I had one of those cards, what was wrong with it?

      No. The idiot chump who made the purchasing decision and bought the card even though it did not have programmable shaders and didn't say it had programmable shaders is the one who did the company real financial damage. The GF4MX never claimed to have programmable shaders. Are you that idiot? Or did the GF4MX just touch you somewhere? Can you show us on this picture of the internet where nVidia touched you?

      The GeForce 3 was a new processor core supporting DX8. The Geforce 4 line was marketed as an updated GF3 core supporting DX9, but Nvidia sold warmed over Geforce 2 cores supporting only DX7 labeled as Geforce 4 without making the switch clear - in fact burying any disclosure of what that meant in terms of performance and compatibility.

      At launch at retail from what I remember, the posters and pamphlets touted the GF4 cores supporting DX9. The box for the GF4 MX cards didn't contain any information outside the shrink wrap to let a customer know it was really a GF2 with a higher clock. If you advertise 'Buy GF4 for Direct X 9 capability' then your GF4 parts need to deliver that or you're being deceptive. It's not acceptable to require consumers to learn processor architecture to know the marketing material aren't true, rather the marketing mustn't contain out right lies.

  2. It's worse than just 0.5 GB of slow memory by Anonymous Coward · · Score: 5, Insightful

    Memory performance between the two segments (3.5 + 0.5 GB) of memory works in an XOR manner so that accessing the slow segment prevents access to the 3.5 GB segment. Also, the whole memory access issue is a distraction from the fact that Nvidia originally advertised that the 970 had 64 ROPs (when it really has 56) and that it has 2 MB of L2 cache (when it really has 1.75 MB).

  3. probably won't go anywhere by Anonymous Coward · · Score: 3, Interesting

    I think they will find it real difficult to prove that Nvidia was intentionally (Ntentionally?) misleading people with the advertisements. Nvidia's response and explanation for what happened seemed pretty detailed and made sense to me. These kind of lawsuits actually piss me off a little anyway, because the lawyers are the only ones who really benefit. Even if Nvidia is made to compensate people who purchased the card, it's unlikely going to amount to any more than a few dollars for each person. Except the lawyers, who will get their huge fees regardless.

    Do the people who file these things actually think they are somehow taking the company to task or making the world a better place? They certainly can't be doing it for actual money or greed.

    1. Re:probably won't go anywhere by sjames · · Score: 2

      I don't get your problem with the people suing. They were promised X for Y dollars. They only got a fraction of X. That Nvidia didn't do that intentionally means it wasn't fraud (and that's good). That still leaves them owing their customers 100% of X or compensation for only giving them a fraction of X.

      Specs like that are generally not interpreted as being on a best effort basis.

      As for the rest, yes it is an injustice that the lawyers will get millions and the actual plaintiffs will get nearly worthless coupons.

    2. Re:probably won't go anywhere by 0123456 · · Score: 3, Insightful

      I don't get your problem with the people suing. They were promised X for Y dollars. They only got a fraction of X.

      They were promised 4GB. They got 4GB. Complaining that 0.5GB of that runs slow is like complaining that 2GB of the 6GB in my laptop runs at half the speed of the other 4GB.

      The only valid complaint they have is that Nvidia said it had 64 ROPs when it only has 56. That's not really something worth a lawsuit, when, as I understand it, the chip isn't capable of generating pixels fast enough to make use of 64.

      As I said above, the only people who will really benefit from this are lawyers.

    3. Re:probably won't go anywhere by sjames · · Score: 4, Informative

      They were also promised a specific performance at the same time as the 4GB of memory. They aren't getting it. At the least, Nvidia should have offered a driver that avoids the last half Gig of ram and a partial refund.

      This isn't a car where it is well understood that top speed and maximum fuel efficiency don't happen at the same time. This is an unusual situation for a graphics card that substantially degrades it's performance, and so, it's value.

    4. Re:probably won't go anywhere by sjames · · Score: 2

      Nvidia has already admitted that it's own people were confused by the claims. That says a lot about who the courts might blame.

      As for computers in general, I find that when I do access all of the memory (HPC), those accesses happen at the rated speed.

      As for the rest, an anti-emetic might keep you from being shoved in a locker.

    5. Re:probably won't go anywhere by drinkypoo · · Score: 3, Insightful

      For example, for the CPU it's common that I have more RAM than I can access at any one time at top speed.

      No, no it isn't, and it hasn't been since the Amiga.

      There is no PC where it is common to have different speeds of memory.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    6. Re:probably won't go anywhere by drinkypoo · · Score: 2

      Maybe someday you'll learn about registers, L1, L2, L3 caches, bus expansion memory, virtual memory, etc.

      I owned an IBM PC-1 with 384kB of RAM on an 8-bit ISA card along with a RTC and maybe a serial port or something, so I'm quite familiar with the idea. But that was a long, long time ago. Maybe someday you'll learn that when people say "memory", by default they mean main memory.

      I also owned several Amigas, and still have an A1200 in fact. Now THAT is an architecture where it was normal to have memory running at different speeds. Hell, you could actually put SRAM on Amigas.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  4. This will be settled by fred911 · · Score: 3, Insightful

    When the firm representing the class bills up a few million, the defendant agrees to paying the fees and to mail all class members a $5 discount coupon or some useless download.

     

    --
    09 F9 11 02 9D 74 E3 5B - D8 41 56 C5 63 56 88 C0 45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
  5. Good luck with that... by Kjella · · Score: 5, Interesting

    ...and I say that as an owner of 2x970s. Every benchmark you see is as advertised. It actually has 4GB of RAM that can be reached at the advertised speed, just not all 4GB of it simultaneously. Nobody's come up with a "smoking gun" benchmark where framerates tank for gaming. The 780 Ti with 3GB RAM beats it in pretty much benchmarks - even at 3840x2160 in SLI - so it seems that the last 512MB don't make much of a difference at all, at least not in today's games. They'd better find some compelling examples of actual harm, because I still haven't seen it. I might be biased though, since I'm kinda hoping there won't be.

    What is certain though is that nVidia screwed up big, because this really would have been a footnote if they'd just informed about it. It would have been known as a 4GB card that's really 3.5GB-ish. When I bought it I thought it had the same memory subsystem as the GTX980, like two GTX970 in SLI with 2x13 = 26/16ths the shaders will always perform better. Now that might not be true in a 3.5-4GB scenario but it's a maybe kinda thing. I've long since learned that you buy computers for what you want today, tomorrow.... maybe something entirely new comes around and you want to replace it anyway. Not that I see these two being out of date for a while, seriously kicking ass at 2x145W GPU + 88W CPU it's ~500W ass-kicking system.

    --
    Live today, because you never know what tomorrow brings
  6. Re:80% Slower? by sjames · · Score: 2

    It's only confusing if you bend over backwards to make it confusing. Given speed X, the last 0.5 Gig runs at X - (X*.8) That is, speed minus 80% of speed or as one might say in English, 80% slower.

    So yes, in this case it runs at 20% of the speed of the other 3.5 GB.

    What other interpretation did you have in mind?

  7. No kidding by Sycraft-fu · · Score: 5, Interesting

    It is just a bunch of whiny asshats who care about specs on paper rather than real world performance. The 970 is damn amazing. It makes the 980 nothing more than a overpriced luxury toy, and I say that as a 980 owner. Its performance is within 10-15% of a 980s and it is like half the price, what's not to like?

    Also as for the memory thing this is actually a BONUS from nVidia, not a cripple. What I mean is in the past, they'd have just stuck 3.5GB on it and called it good. Then, if something needed more than 3.5GB, you go to system memory which is very slow 16GB/sec if you are running 16x PCIe 3 and much slower if you run less (like if you are doing SLI on a consumer board with PCIe 2 it would be 4GB/sec). However with this, you get another 512MB of RAM that is faster. Not as fast as the primary RAM, but much faster than hitting the system RAM over the PCIe bus. It won't perform as well as a 980 in those high memory situations, but it would perform better than if it just didn't have it at all.

    I agree they should have noted it better, but really who gives a shit in reality? The 970 is the best "step down" card they've ever made compared to the highest end. Amazing value for the money and real world benchmarks from somewhere like HardOCP show it kills at modern games.

    It's also funny how they act like nVidia did this to "harm" people for some business reason. If anything, they'd want to make the 970 look worse so people would be more likely to spend the near double to get a 980. However instead they made the 970 as close to the 980 as they could and I'm sure that ate in to the 980 market.

    1. Re:No kidding by bloodhawk · · Score: 3, Informative

      It's also funny how they act like nVidia did this to "harm" people for some business reason. If anything, they'd want to make the 970 look worse so people would be more likely to spend the near double to get a 980. However instead they made the 970 as close to the 980 as they could and I'm sure that ate in to the 980 market.

      That is just silly. Nvidia benefit by making the product look better to highend gamers so they don't choose the competitions card. You act like Nvidia is the only maker of highend gaming cards. It is actually worse than a 3.5GB card as at least with 3.5GB gamers and drivers by default understand they are going to have a performance impact if beyond that is accessed and hence will only use it when necessary, with 500MB of slow memory by default the games had no understanding they would be crippling game performance by accessing that part of the memory. The 970 is a nice card, but Nvidia did blatantly mislead purchasers and while the issue won't even impact more than 90% of owners it is still an issue and one that could have been avoided by Nvidia being honest.

  8. Re:80% Slower? by craigm4980 · · Score: 4, Informative

    80% slower = 20% of the speed = 5 times slower (takes 5 times as long to do something) = 500% slower.

    OR

    80% slower = takes 80% longer to do something = 1/1.8 times slower = 0.55555555555 times slower = 44% slower.

    See, ambiguous. There are 2 well defined definitions of 80% slower: gets 80% less done per unit time, OR takes 80% longer to get the same thing done. They have very different meanings. For one of them, 100% slower = gets nothing done ever, and the other means it takes takes twice as long (you have to wait an extra 100% of the original time). The same applies to 100% faster: one version means infinatly fast, and the other means twice as fast.

  9. Re:80% Slower? by sjames · · Score: 2

    You're playing fast and loose with the terminology and adding extra steps that were never suggested to confuse yourself. KISS and it will all make sense.

  10. Re:So... by Anonymous Coward · · Score: 3, Insightful

    What part of businesses cheating customers is a first world problem?

    Or is that shit okay elsewhere?

  11. Re:Just a thought by 0123456 · · Score: 2

    No. The reason it affects the 970 is because it's missing some of the hardware that's in the 980.