• Ever wanted an RSS feed of all your favorite gaming news sites? Go check out our new Gaming Headlines feed! Read more about it here.
Status
Not open for further replies.

Kenzodielocke

Member
Oct 25, 2017
12,837
Nvidia requires the signing of a very extensive confidentiality agreement before providing information on future products.

There is one topic journalists rarely talk about - so-called Non-Disclosure Agreements (NDA). NDAs are particularly common and useful in technical journalism - for example to gain access to early test copies. This allows journalists to take their time before the market launch to take measurements and get a well-founded picture of the new product. Many companies only send out advance test copies if the journalist has agreed to an NDA or at least a blocking period.

Heise checks every NDA carefully and only agrees if it concerns a concrete product, a clear and not too distant expiry date is given and the contract text does not contain any passages that could impair our journalistic work.

However, some companies also use NDAs as weapons. They want to get journalists not only to keep to publication dates, but also to enforce sound reporting with far-reaching agreements and horrendous threats of punishment. Those who do not bend are cut off from the flow of information.

Attack on journalistic work
Sometimes companies clearly cross borders. On June 20, Nvidia USA sent an invitation to a large number of journalists - including us - to sign a very extensive confidentiality agreement "by June 22, 2018 at the latest".

The NDA should apply to all information from Nvidia, so it did not refer to a specific product or information. There was also no concrete expiry date. It was also full of conditions that ran counter to journalistic principles. Our legal department clenched its hands over its head while reading the document.

It says (translated into German): "The recipient uses confidential information exclusively for the benefit of Nvidia". In other words, journalists are only allowed to write what Nvidia fits in. Thus Nvidia degrades the independent press to a marketing instrument.

And it goes even further: "Notwithstanding the expiry of this agreement, the recipient's obligations in respect of any confidential information expire five years after the date of its disclosure to the recipient". Who signs this Nvidia-NDA, must submit thus for five years to the will of the American manufacturer - one publishes something in this time without permission, threatens the plaintiff.

But Nvidia goes even further: "The protection of information that is a trade secret never expires". In other words: If Nvidia thinks that information is a trade secret, then in the worst case the journalist should never talk about it.

We do not sign
It goes without saying that an independent media company cannot sign such an agreement under any circumstances. Nevertheless, Nvidia let us know that "many journalists" had already signed the agreement. No wonder, as in future only journalists who sign this NDA will receive advance information and test copies.

We make it clear: This and similar NDAs are not signed by Heise online and c't - no matter from which company they come. Rather, our journalistic principles require that we create transparency and publish the original of Nvidia's Gängel-NDA here.

Nvidia_NDA-6b8840b7d8e1a040.png

https://www.reddit.com/r/pcgaming/comments/8ts3gb/german_hardware_reviewer_heise_online_publishes/
https://www.heise.de/newsticker/mel...A-als-Maulkorb-fuer-Journalisten-4091751.html

TL;DR

Heise.de refuses to sign this, many journalists already signed this though. Only postive comments in reviews pre-release.
 
Last edited:

orochi91

Member
Oct 26, 2017
9,793
Canada
That's pretty hardcore.

Disappointing to hear that numerous other outlets have already signed on though....
 

Nightbird

Avenger
Oct 27, 2017
3,780
Germany
Well, that's all kinds of scummy, but at the same time I'm not even remotely surprised.

Of course tech companies would tell reviewers to shut up about certain flaws so that sales won't be impacted by bad reviews.
 

Platy

Member
Oct 25, 2017
27,617
Brazil
"this is the fastest graphics board for freezing after a previous freeze"
"Hot new item! it is the best hardware for melting your pc on a hot day"
"reach new levels in gaming by going even further in the low settings"
 

chadskin

Member
Oct 27, 2017
11,013
(If you change the /width/334/ link to /width/800/, you can actually read the NDA without a microscope :p)

Nvidia_NDA-6b8840b7d8e1a040.png
 

Paul

Banned
Oct 27, 2017
2,603
nVidia, what the fuck are you doing

you are already winning, you don't have to act like an asshole doing it
 

Wereroku

Member
Oct 27, 2017
6,183
Messed up. Why even resort to this?
Because they have no competition and their Partner Program failed because of journalists. They considered the GPP a trade secret so the journalists who sign this will be expected to never talk about something like that or risk penalties.
 

tyfon

Member
Nov 2, 2017
3,680
Norway
Insane.

This is a however a great litmus test for gaming/hardware outlets.
Whoever posts previews and whatnot of nvidia cards will have signed it and can be disregarded in the future.
 

thomasmahler

Game Director at Moon Studios
Verified
Oct 27, 2017
1,097
Vienna / Austria
Not surprised by this and good on Heise to not play along.

We often get inquiries from smaller press outlets and YouTube 'influencers' that promise a glowing review for a few Ori codes. I know that being a journalist can be tough, but once you sell your integrity, you're not even a journalist anymore. We don't need this kinda stuff, journalists that have integrity, that do their job are more important than ever right now.
 

Amnixia

▲ Legend ▲
The Fallen
Jan 25, 2018
10,411
Good to see them getting called out on this.
Come on Nvidea, you're better then this.
 

Roven

Member
Nov 2, 2017
889
I'll be going from i5 4570 / 970 to Ryzen/Radeon sometime next year. Intel and Nvidia can go eff themselves
 

Gurgelhals

Member
Oct 27, 2017
1,709
nVidia, what the fuck are you doing

you are already winning, you don't have to act like an asshole doing it

It's kind of in their DNA; they've been all kinds of scummy since the late 1990s where it was all about 3dfx vs. Nvidia (obligatory "those were the days" + "shit, I'm getting old" remarks here). Jen-Hsun Huang is as ruthless as they come.

But yeah, doubly frustrating because their products are top-notch :-/
 

Elios83

Member
Oct 28, 2017
976
Not surprised. nVidia has always been a company with little to no respect to competitors and fair play in general.
They just want a monopolistic role where they dictate prices and control what the press says.
Unfortunately they don't have competition in the high end PC GPUs market otherwise they couldn't afford these tactics.
 

Chipmungus

Member
Dec 27, 2017
6
Meh, I've read the damn thing about four times and can't see what the hubbub's about...

Anyway, it's about time someone else releases a higher quality product.
 

Reinhard

Member
Oct 27, 2017
6,590
Haha, oh Nvidia never change. First it's the ultra scummy GPP program and now this. Well they also have tons of other shady practices in the past like 970 memory fiasco and driver shenanigans for slightly older cards to make them perform worse than much weaker newer cards.

Is Nvidia really that frightened of Intel entering the market? Until AMD releases a video card equal to Nvidia's fastest at a similar time frame, AMD will never gain a huge mind share for gamers (and be potentially reflected in actual sales), and professional graphics is all about CUDA. So I dunno why they would push GPP and NDA crap in fear of AMD.
 
Oct 26, 2017
6,570
So basically every outlet that pre reviews Nvidia hardware from now on signed this. Should make it easy to create a blacklist of who to avoid.
 

Andri

Member
Mar 20, 2018
6,017
Switzerland
So basically im gonna ignore all Previews for Nvidia products , and take specific note of Heise.de s reviews of Nividia products, since them not signing this means they will have some of the most fair and accurate reviews of Nvidia Products(since they wont recieve them for free)
 

neon_dream

Member
Dec 18, 2017
3,644
That's just gross.

PC community should maintain a list of sites that refuse to sign this garbage.
 
Oct 30, 2017
5,006
That's pretty fucked up. They shouldn't be able to go "oh only positive stuff can be printed." Nvidia, dumbass, if it's a review it needs to have the positives AND the negatives.
 

Deleted member 17491

User requested account closure
Banned
Oct 27, 2017
1,099
After trying to strong arm AIBs into boycotting AMD you'd think that Nvidia would try to lay low for a while.
 

Malovis

Member
Oct 27, 2017
767
Well, we can always stop buying crap from Nvidia and getting our pants creamed at every Titan x/y/z premium stuff.
 

~Fake

User requested permanent ban
Banned
Oct 27, 2017
4,966
Embarrassing. It is not enough to have a monopoly, but also to practice this kind of thing. Reminds me so much old times of IE vs Netscape.
 
Oct 27, 2017
764
Very anti competitive and anti consumers at the same time. I wonder why the mainstream press haven't got a hold of this yet ? considering Sony got more flak for doing something far less anti consumers than this.
 

chobel

Attempting to circumvent ban with an alt-account
Banned
Oct 25, 2017
1,493
Fuck off Nvidia.

Very anti competitive and anti consumers at the same time. I wonder why the mainstream press haven't got a hold of this yet ? considering Sony got more flak for doing something far less anti consumers than this.

I surely didn't expect a console wars post in PC related thread.
 

Lowrys

Member
Oct 25, 2017
12,329
London
Speaking as a lawyer:

The part about trade secrets not expiring is completely standard and reflective of the law on such.

Amusingly, there are two clause 3s.

If - and this is a very, very big IF - the intention of the second clause 3 is to obviate not only the disclosure restrictions (clause 2) but also the use restrictions (the first clause 3), then I see no problem with the agreement.

However, that would be a very wide interpretation of the wording.

My interpretation of the contract, as written, is that the second clause 3 obviates only the disclosure restrictions, meaning that any disclosure would still need to be "solely for the benefit of Nvidia", meaning that that aspect is straight bullshit.
 

Aniki

Member
Oct 25, 2017
6,792
Oh Nvidia, market leader and still sees the need to resort to scummy tactics.
 

Cloggerdude

Just tell me what you need.
The Fallen
Oct 25, 2017
711
Wait, where does the "only positive things in the review" part come from? You have it quoted, but I can't actually find that anywhere. Did you just add that part randomly, or is there something I'm missing?
 

Bhonar

Banned
Oct 31, 2017
6,066
Why don't sites just buy their own card when it releases, and do a review based on that?

Solves any problems. I mean it should be part of a website's operating expenses to buy one product, it's not like you need to buy 10 of the same card to do a review.
 

Goronmon

Member
Nov 9, 2017
639
I don't see anything in the document that says what people seem to be worried about. It specifically says you can't talk about any confidential information at all, whether it's positive or not.

Am I missing something here?
 

ILikeFeet

DF Deet Master
Banned
Oct 25, 2017
61,987
Why don't sites just buy their own card when it releases, and do a review based on that?

Solves any problems. I mean it should be part of a website's operating expenses to buy one product, it's not like you need to buy 10 of the same card to do a review.
They can but it would mean less site traffic as people would have less reason to go to your site if you're much later than everyone else

We desperately need proper competition in the GPU space. This company has to go.
Hope Intel has some good products in 2020 then
 
Status
Not open for further replies.