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Nvidia Wants To Prohibit Consumer GPU Use In Datacenters (theregister.co.uk)

The Register reports: Nvidia has banned the use of its GeForce and Titan gaming graphics cards in data centers -- forcing organizations to fork out for more expensive gear, like its latest Tesla V100 chips. The chip-design giant updated its GeForce and Titan software licensing in the past few days, adding a new clause that reads: "No Datacenter Deployment. The SOFTWARE is not licensed for datacenter deployment, except that blockchain processing in a datacenter is permitted."
Long-time Slashdot reader Xesdeeni has a few questions: Is this really even legal? First, because it changes use of existing hardware, already purchased, by changing software (with potentially required bug fixes) agreements retroactively. Second, because how can a customer (at least in the U.S.) be told they can't use a product in a particular place, unless it's a genuine safety or security concern (i.e. government regulation)!?
Nvidia expects that "working together with our user base on a case-by-case basis, we will be able to resolve any customer concerns," they told CNBC, adding that "those who don't download new drivers won't be held to the new terms."

26 of 312 comments (clear)

  1. Obstacle! by Anonymous Coward · · Score: 4, Funny

    With policies like that, Oracle will be proud to buy them!

  2. You know.... by Lisandro · · Score: 5, Insightful

    ...just because you plaster something in a license doesn't make it automatically law.

    1. Re:You know.... by Luthair · · Score: 3, Interesting

      Its not law, its a contract. And unfortunately they likely get away with it as its software.

      When I originally heard this story I assumed they were going to say that the warranty on consumer cards wouldn't be honoured if used in a data center which wouldn't have been unreasonable.

    2. Re: You know.... by UdoKeir · · Score: 4, Insightful

      The amusing part is, that attempted apostrophe wasn't even needed!

    3. Re: You know.... by Alumoi · · Score: 4, Funny

      We know this but, as an Apple user, he doesn't.

    4. Re:You know.... by dgatwood · · Score: 3, Interesting

      Which probably contains security holes that make it unfit for use in a data center. Sticking with an old version of GPU drivers is simply not a viable option, and anybody even suggesting otherwise should be stripped naked and dragged through the streets behind a Brinks truck on national television for all to see. It is the computer security equivalent of saying, "It doesn't matter if the fuel tank in that Ford Pinto is so thin and right in front of the rear bumper."

      If this is legal (I'm pretty sure it isn't), then it's way past time for some serious changes to copyright law and contract law. No sane society can afford to allow a company to make arbitrary changes the license agreement on critical device drivers that are required for hardware to function properly and that must be kept up-to-date to keep a system secure. After all, if they can change these terms of sale retroactively, what's to stop them from deciding three years from now that the Tesla V100 drivers are no longer licensed for data center use, and you're required to upgrade to the Tesla V600 if you want to keep using it in a data center? One year from now? Six months?

      Even if NVIDIA manages to find a way to avoid losing every lawsuit that arises from this suicidally stupid decision, I have to wonder why in h*** any data center purchaser in his/her right should mind even CONSIDER NVIDIA hardware in the future, knowing that NVIDIA might arbitrarily change their licensing terms in a way that forces them to sell all their hardware at a loss and replace it at any time?

      This really should bankrupt NVIDIA in a just world. It's that heinous. And IMO, someone should be fired for even suggesting such an appalling change to their hardware licensing retroactively.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    5. Re: You know.... by Hal_Porter · · Score: 3, Funny

      http://bash.org/?14207

      Kind of amusing that iOS users have become the equivalent of AOLers given how snooty Apple users tend to be.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
  3. Re: Seems pretty simple to me by fred911 · · Score: 4, Insightful

    "WHQL certified drivers are deployed automatically via Windows Update." -- And if you're running an OS that allows MS to automatically update your server, you deserve everything you get.

    --
    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
  4. Re:Something to hide ... by Anonymous Coward · · Score: 5, Informative

    It's about pricing.

    For roughly equivalent GeForce versus Quadro/Tesla, nVidia charges an arm and a leg more for the professional model. They have long been forbidding their partners from selling 'professional' (workstation/server) products and allowing to order GeForce with them.

    Particularly this has been a sore spot for academia, where they always want the cheaper GeForce model and they inexplicably can't get it.. I work at a vendor and customers always assume it is us being rent seeking assholes. I'm happy nVidia is making it very clear they are the ones being assholes, not us.

  5. This is really an attempt at legal evil genius by SigIO · · Score: 4, Interesting

    I don't see NVIDIA going after people who install the software in a datacenter. I see them using this licensing clause to quash lawsuits from people who do violate the terms, and end up having some sort of issue running the hardware where NVIDIA could be held liable. Be it something extreme like a fire from overheating, to a chip-level problem like what Intel has recently been going through You're running this software/hardware in a datacenter, and we told you not to. Liability absolved...maybe.

    1. Re:This is really an attempt at legal evil genius by Anonymous Coward · · Score: 4, Informative

      and end up having some sort of issue running the hardware where NVIDIA could be held liable.

      This. The amount of time I had to spend debugging application issues because someone had the great idea to run a rig stuffed with gaming cards 24/7 instead of using hardware that is certified to last is insane. You have penny pinchers that see better performance for less money on the gaming cards and fail to notice just how much corners they cut. I had some randomly hang after eight hours of constant use, a known issue that affects nobody using gaming cards as intended.

      Worse I have coworkers who try to sell customers on gaming cards since they can't be bothered to optimize their shaders and the performance difference between those cards is nontrivial. I hope that puts a stop to that.

  6. It's the old "who owns your hardware" story again. by MindPrison · · Score: 5, Interesting

    History repeats itself, did you ever remember the stories about Microsoft and Xbox? Apple and the iPhone? The right to modify your own hardware device?

    The consumers and the companies that produced these product - couldn't quite agree on the ownership, even though it should be blatantly clear: If you OWN the hardware you purchase, you're technically free to do what it as you wish (in a perfect world free from lobbyist that convince lawmakers to follow the way of the companies rather than the public wishes).

    Now, that said - the companies in turn, has no specific responsibility to offer you free software that support certain functions for your own purposes if they don't wish to do so, you may own the hardware, but you don't have rights to demand them to do anything for you in the future with your hardware (unless promised by them).

    Nor do they have any obligation to provide you or anyone with full documentation on how your hardware works.

    You in turn - have the full rights to refuse their products, you simply don't buy them.

    --
    What this world is coming to - is for you and me to decide.
  7. Re: Seems pretty simple to me by Anne+Thwacks · · Score: 4, Funny
    if you ask the janitor or your kid to click the install button, you're technically in the clear.

    However, in order not to infringe the janitor's human rights, you might wish to employ a team of cats trained in keyboard skills. (check Youtube for details).

    In a cat vs Nvidia lawsuit, I would expect that cat to land on its feet.

    --
    Sent from my ASR33 using ASCII
  8. Yeah, good luck with that . . . by PeeAitchPee · · Score: 4, Informative

    Enforcement of this will be pretty much impossible without some tie-in to the OS or drivers. First of all, what's a datacenter? Cloud-based infrastructure, or a room of servers only running internally on a local network? How about a mining operation in someone's basement? A grad student running a small network of GPUs for some sort of academic research? Etc. Now, if they really want to enforce it, it can be done -- you'd have to tie the software and drivers to server-class platforms that people typically have to pay for. E.g., I've seen Chelsio do that with some of their iWarp NICs where iWarp is disabled on anything but Windows 10 Enterprise and the Microsoft server OSes (though in that case, Chelsio claimed that Microsoft forced them to do it). On the Linux side, that might not be a realistic option.

  9. May bite them in the ass, especially in academia by Lonewolf666 · · Score: 5, Insightful

    Unless an organization is already heavily invested in CUDA, they might go with OpenCL instead so they can use AMD consumer stuff instead of Quadros. Even where GeForce versus AMD Vega currently favors GeForce, Quadro prices will make sure that GeForce versus Vega turns that into a win for AMD in terms of investment costs.

    In academia, that would also lead to the effect that new developers are more often trained on OpenCL and less on CUDA. That could lead to the sort of long-term win Microsoft Visual Studio had over the Borland development tools.

    --
    C - the footgun of programming languages
  10. ATI / AMD wins again!! by Joe_Dragon · · Score: 5, Insightful

    ATI / AMD wins again!!

    As they are open sourcing the ati video drivers in full for Linux.

  11. Competition? by Futurepower(R) · · Score: 4, Funny

    Microsoft, Oracle, Adobe Systems, and Nvidia executives are trying to see who can be most abusive?

    Just two laws are needed:

    1) Everything bad is forbidden.

    2) Everything good is mandatory.

    Prediction: Microsoft, Oracle, Adobe Systems, and Nvidia will combine and become one company, known as MOAN.

    We'll all be moaning about MOAN.

    1. Re: Competition? by ShanghaiBill · · Score: 3, Insightful

      The Halloween documents aren't good enough for you?

      The Halloween Documents were 20 years ago, when Microsoft was managed by a completely different group of people. The documents describe a strategy of "Embrace, Extend, Extinguish" that would never work today.

      Microsoft is still evil, but their evilness today is very different than it was 20 years ago.

  12. Re:It's the old "who owns your hardware" story aga by Lonewolf666 · · Score: 5, Insightful

    I don't think this is relevant to GP's argumentation. He (she?) wrote that those who do not update the drivers don't need to agree to the new license. No rooting is necessary here. Legally, it means that the desire of Nvidia to control the use of their hardware can be avoided. At least in the short term.

    Practically, the problem will resurface when the current hardware is obsolete/gets unreliable because of age and needs replacing, including drivers for the new hardware. Then the license terms won't be so easily avoided anymore.

    Time to switch to AMD. Not only don't they have such clauses, they are actively putting themselves into a situation where a future management cannot easily pull a Nvidia anymore. I mean the open source driver development that gradually replaces the closed source drivers at AMD. Those licenses not be revoked for already released versions.

    --
    C - the footgun of programming languages
  13. They already fail in VMs by stikves · · Score: 5, Informative

    I recently tried to add an nvidia card to my workstation for a virtual machine, and it turned out that nvidia breaks the driver when they detect the card is in a virtual machine.

    Specifically you get an unexplained "Code 43" error, and nvidia's excuse is that there is a bug which they will not fix. However if you spent some time to hide the VM, like removing hypervisor drivers, it would have magically worked. Unlucky as I am, it turns out nvidia also broke that workaround (at least it did not work for me).

    There are 3rd party patchers for this thing: https://github.com/sk1080/nvid... which require a lot of involvement, and will probably break at the next update. Given so much effort by nvidia to make sure I would be unable to use the hardware I purchased, I gave up, and removed the nvidia card from the workstation.

  14. Too Many Warranty Claims? by Geekenstein · · Score: 3, Insightful

    What are the odds that the warranty claims on these cards skyrocketed when they started getting used 24/7 in DC applications and caused this to get thrown in? They know miners won't buy cards that are inefficient for their purposes, and that money train is far too good to throw away, but wealthy corporations and universities? Pay up.

  15. Passing on Nvidia Next Time! by BrendaEM · · Score: 5, Insightful

    In the end, I will not buy a scumbag's product.
    Is if fair for a brick-maker to forbid you from using one for a doorstop?

    --
    https://www.youtube.com/c/BrendaEM
  16. Nvidia isn't the only game in town by RightwingNutjob · · Score: 5, Insightful

    Capitalism is funny that way.

    AMD and Intel make parallel computing hardware add-ons as well, plus a bunch of little guys. Lesson to be drawn: don't code your stuff in CUDA, use OpenCL so that it is portable to other hardware in case any one vendor gets to big for his britches.

    1. Re:Nvidia isn't the only game in town by Billly+Gates · · Score: 3, Interesting

      What market? There are no competitors.

      AMD doesn't have anything that can run Cuda. Also, they do not support the latest opencl so it's a no go for developers as Nvidia owns too much of the market to ignore.

      My room mate is a graphics developer. He told me AMD is shit because it doesn't support CUDA. His employer forces it's customers to only support Nvidia as their is no one else on the market.

      AMDs days are numbered like Unix was in the Windows outslaught. Developers still wrote visual basic apps, ActiveX, and IE 6 sites and ignored everything else. Customers didn't care.

  17. Welp. by erik.opnemer · · Score: 3, Insightful

    RMS was right. Again.

  18. Corporate derangement syndrome strikes again by iamacat · · Score: 3, Interesting

    A group of managers surrounded by yes-men/women convinced themselves that an obviously ridiculous thing would fly, or can be even be explained away as being for customers' own benefit. Plenty of engineers said "that's retarded" on internal mailing lists. Nobody listened to them and a company lawyer told them to drop the thread. Expect some weeks of denial and PR attempts followed by inevitable caving in with "it's only a guideline". I have not seen this particular train wreck from inside, but they are all the same.