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Nvidia Looks To Gag Journalists With Multi-Year Blanket NDAs (hardocp.com)
The German website Heise reports that Nvidia's new non-disclosure agreements (NDAs) last for five years and are more far reaching than product-specific information. HardOCP explains what NDAs are and shares an excerpt from Heise's report: First and foremost, I should tell you that NDAs in the tech world are nothing new, but those non-disclosure agreements usually are product-specific and date-specific. Say we agree to get a review sample of video card X. Many times we will get an NDA that is specific to releasing any information shared by card X's representative and a date when we can share that information with you, often referred to as the "embargo date."
[Here's the excerpt from Heise about Nvidia's new NDA]: "The NDA should apply to all information provided by Nvidia, so it did not refer to a specific product or information. There was also no concrete expiration date. It was also full of conditions that ran counter to journalistic principles. Our legal department clapped their hands over their heads as they read the document. In other words, journalists are allowed to write only what fits Nvidia in the junk. In doing so, Nvidia downgrades the independent press into a marketing tool." There are several forums discussing Nvidia's new NDA. HardOCP has shared a copy of the NDA for you to read and make up your own mind.
[Here's the excerpt from Heise about Nvidia's new NDA]: "The NDA should apply to all information provided by Nvidia, so it did not refer to a specific product or information. There was also no concrete expiration date. It was also full of conditions that ran counter to journalistic principles. Our legal department clapped their hands over their heads as they read the document. In other words, journalists are allowed to write only what fits Nvidia in the junk. In doing so, Nvidia downgrades the independent press into a marketing tool." There are several forums discussing Nvidia's new NDA. HardOCP has shared a copy of the NDA for you to read and make up your own mind.
You can still review and write articles about Nvidia products without signing the NDA. What's going on is that Nvidia is trading privileged access for control over the articles. Nvidia gives journalists the ability to make money from writing early to press, special access articles about Nvidia products in trade for control over the content.
This seems like the product of either Nvidia's lawyers going a but crazy or something not going well on their end:
It's already the case that tech journalism is strongly 'access' based; whether the company likes you or not pretty much dictates whether you get review samples in time to have a full write-up on release day or get ignored in favor of people who do(which, given how much of the interest is in cutting edge stuff really hurts). However, unlike other 'access' dominated areas(reporting on government or military, say); the window where undesirable 3rd parties can be kept away is limited: you can uninvite them to E3 hype sessions and make sure that they don't have a new product far enough ahead of time to be able to show comprehensive benchmarks on release day; but you are still releasing a consumer product with distribution controlled only by price.
Someone trying to get a Pentagon story without cooperation could spend years or decades trying to FOIA stuff or have it undergo automatic classification review due to age. Someone writing about video cards can have unlimited physical access to a sample for under $1000(except certain pro/specialty parts) as soon after release day as they can find one in stock.
Given that, I don't really understand what Nvidia is seeking to achieve here: it's already pretty easy to get tech sites that depend on having day-one hardware reviews and 'exclusive' pre-release to toe the line; but also pretty much impossible to keep a lid on people who are willing to test retail samples without your cooperation; or to clamp down on anonymous sources giving The Register material to write snarky articles about your underfill woes or the like. What is it that isn't currently controlled that Nvidia thinks it needs to(and has any hope of) control?