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New NVIDIA NDA Leaked

Category: General News
Posted: 07:12PM
Author:

This is an interesting piece of news that has first come from German website Heise.de, but is also being covered by other sites such as VideoCardz and HardOCP, which has confirmed it with other sites. According to Heise, on June 20 it received a new non-disclosure agreement (NDA) from NVIDIA, which it needed to sign within two days, and it left the site's legal department with their hands clapped over their heads. For one thing, this NDA does not pertain to any specific product, like an as-yet unreleased GPU, but instead to all information NVIDIA describes as confidential. Something that makes this unusual though is the requirement to not share any of this information for five years, unless it is considered a trade secret, in which case it can never be shared.

One term that specifically bothered Heise is that the 'recipient shall use Confidential Information solely for the benefit of NVIDIA.' Over at Gamers Nexus though, they contacted lawyers about this language, and the one who agreed to answer questions while being recorded for sharing online explained that while this word choice is odd, the concept itself is not unusual or problematic. It does not mean the information can only be used to better NVIDIA but that the information can only be used on behalf of NVIDIA. The lawyer also points out information 'independently developed by employees of Recipient' is not considered confidential, so performance data measured during the course of a review is not subject to the NDA (though there would likely still be an embargo in place concerning when the information could go public).

At the end of its article, Heise.de states it chose to not sign the NDA as it feels its journalistic principles could not be respected if it did so. As such, the site does not expect to receive any information or pre-release products from NVIDIA in the future.

Source: VideoCardz, Heise.de [German], Gamers Nexus, and HardOCP



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