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  #11  
Old 15-09-18, 11:59 PM
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Afaik there was a short window of teardowns being allowed, and they posted an update specifically forbidding teardowns. Some websites posted a teardown within that window, making the information public domain and as such not covered by NDA.

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  #12  
Old 16-09-18, 12:27 AM
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Quote:
Originally Posted by looz View Post
Afaik there was a short window of teardowns being allowed, and they posted an update specifically forbidding teardowns. Some websites posted a teardown within that window, making the information public domain and as such not covered by NDA.
They literally called their video "RTX 2080 Ti Founders Edition Tear-Down: "No Disassembly" Edition". They knew exactly what they were doing.

It seems somebody else broke NDA and that therefore gave them the right to break it. IE, because somebody else did it first, they think they have the right to also break the rules.

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  #13  
Old 16-09-18, 01:01 AM
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Quote:
Originally Posted by WYP View Post
They literally called their video "RTX 2080 Ti Founders Edition Tear-Down: "No Disassembly" Edition". They knew exactly what they were doing.

It seems somebody else broke NDA and that therefore gave them the right to break it. IE, because somebody else did it first, they think they have the right to also break the rules.

I could understand all this NDA nonsense if this thing was a cure for caner, But it's not, It's an over priced circuit board to play video games.
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  #14  
Old 16-09-18, 07:48 AM
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Quote:
Originally Posted by WYP View Post
They literally called their video "RTX 2080 Ti Founders Edition Tear-Down: "No Disassembly" Edition". They knew exactly what they were doing.

It seems somebody else broke NDA and that therefore gave them the right to break it. IE, because somebody else did it first, they think they have the right to also break the rules.

Once it becomes public information by somebody else, it's no longer under NDA for anybody. It's to prevent the public from knowing but if the public already knows, the NDA doesn't really matter anymore. You can't put a NDA in place if the public already knows. Makes no sense.

As for your comment about them "known for breaking NDAs" I whole heartily disagree. This isn't breaking NDAs. Especially because it's an embargo not a NDA as you claim. As your own picture suggests. This isn't illegal. I don't think many sites are inherently bad, but the few that are I don't see GN being a part of that
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  #15  
Old 16-09-18, 08:25 AM
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Originally Posted by NeverBackDown View Post
Once it becomes public information by somebody else, it's no longer under NDA for anybody. It's to prevent the public from knowing but if the public already knows, the NDA doesn't really matter anymore. You can't put a NDA in place if the public already knows. Makes no sense.

As for your comment about them "known for breaking NDAs" I whole heartily disagree. This isn't breaking NDAs. Especially because it's an embargo not a NDA as you claim. As your own picture suggests. This isn't illegal.
By that logic, every leak voids an NDA and allows reviewers to release everything early. I agree that in this case, Gamers Nexus has a defence as another source did a disassembly video, but that doesn't mean that they were told not to. This is a "can we get away with this" decision, not a "we are totally allowed to do this" decision.

As for Gamer nexus' reputation, there is a reason why they have difficulty getting products from AMD after Threadripper. At a minimum, they are known for skirting around NDAs.

NDAs apply until an embargo date, you are talking semantics. The punishment for breaking NDA is harming your reputation with a manufacturer, in a lot of cases breaking NDA is not really something that can legally be enforced, even with a contract. The easy thing to do when somebody breaks NDA is to no longer supply that outlet or to break contact entirely.

I've seen brands getting annoyed at companies releasing embargoed content minutes early in the past. Even if the company itself doesn't care, they will care when other media notices and tells them about such breaches.

Anyway, I have wasted enough time on this topic. I'm don't really care about the fact that GN has a teardown vid before they should have. This means that their testing is likely to be using a repasted card, so not an "out of the factory" test anymore, which is likely the real reason behind the Nvidia no disassembly policy (that and their potential to break the card).
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  #16  
Old 16-09-18, 09:07 AM
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A leak isn't official so no your logic is wrong. If it was official it would be called a review/preview/etc. NDA is not the same as Embargo. So again no your logic is wrong. This isn't semantics. It's quite literally not the same thing. According to multiple different YouTubers who have clarified this distinction for consumers.

NDA is a legal document. Embargo is a mutual agreement by the way of using trust between reviewers and manufacturers. Nothing legal about it
The testing will still be relevant and the difference of paste is a degree or two and therefore a couple dozen difference in clock speeds. Which you could argue is less of a factor than the silicone lottery.

If they signed a NDA sure I'd change my view. But there's nothing to claim it was so as the lone picture says Embargo.
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  #17  
Old 16-09-18, 01:38 PM
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But the law doesn't really matter. They probably just won't get a card next time.
So if you with all the big manufacturers, you will have a hard time in the long run, always lacking behind the other rewivers.
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  #18  
Old Yesterday, 03:57 AM
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Quote:
Originally Posted by WYP View Post
This is a "can we get away with this" decision, not a "we are totally allowed to do this" decision.
I fully agree with this. And neither party will take this to court either. GN has a short term gain in exclusive coverage of the RTX PCB, but will probably never receive another review sample straight from Nvidia. I guess they're banking on board parners to sample those units.
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