NGOHQ were sent the letter below from Nvidia ...
http://www.ngohq.com/news/11383-nvidia-threatens-ngohq-over-forceware-distribution.html
And the response ..
http://www.ngohq.com/news/11386-our-official-response-nvidia.html
So Nvidia doesnt want to provide support for their older products & is trying to stop those websites that are modifying drivers that do allow this support in the newer drivers?
Thats consumer friendy for you!
http://www.ngohq.com/news/11383-nvidia-threatens-ngohq-over-forceware-distribution.html
Unauthorized Distribution Of NVIDIA Drivers on NGOHQ.com
*************************************************
To Whom it May Concern:
We understand that you are distributing or facilitating the unauthorized distribution of NVIDIA’s drivers for its GPU and/or MCP products. We are writing to remind you that these drivers constitute intellectual property (“IP”), including copyrights, of NVIDIA. As the exclusive owner of this IP, under Section 106 of the Copyright Act, NVIDIA alone has the right to authorize distribution. Since you are not authorized, we ask that you immediately stop all activities that distribute, allow or facilitate distribution of NVIDIA’s drivers on your web site. Unauthorized distribution is a serious violation of NVIDIA’s intellectual property rights and if it continues, we will take the necessary steps to prevent further unauthorized distribution.
NVIDIA drivers that are distributed through authorized channels have been tested on the supported platforms that are included in the driver INF file, and are supported by NVIDIA and its OEM partners. Modifying drivers to add products that were not intended to be supported in the driver may cause more problems for customers due to limited testing and known problems on some products.
Please confirm that all unauthorized distribution has ceased within two weeks of the date of this letter by sending an email to [email protected]
Sincerely,
Bryan "BDR" Del Rizzo
Senior PR Manager
MCP Business Group
2701 San Tomas Expressway
Santa Clara, CA 95050
And the response ..
http://www.ngohq.com/news/11386-our-official-response-nvidia.html
This is an official response to NVIDIA’s Unauthorized Distribution of NVIDIA Drivers on NGOHQ.com letter. Our servers are based in Israel. If you’re unaware, Israel is not a state in the United States. Israel is a small country in the Middle East. Therefore, the United States Copyright law and Section 106 do not apply here. This specific law applies only inside the United States borders.
Drivers for GPUs and MCPs are being offered freely by NVIDIA Corporation and millions of web-sites around the globe. If Guru3D, DriverHeaven, Techconnect Magazine, Laptopvideo2Go, Softpedia, DriverZone, FileForum and many other sites are allowed to distribute ForceWare and nForce drivers, then we don’t see any reason to remove it.
Our local law permits us to distribute copyright software as long it’s intended for private/educational purposes and no-commercialism is involved. The software available in NGOHQ.com is being offered to the public free of charges. We are not charging money for the files or bandwidth, and no commercialism is involved with the distribution. The software available here is intended for home users and their private use. Therefore, the site fully complies with the local law.
We are offering drivers and free software; we are not distributing licensed software. Since no law is being violated, NGOHQ.com is fully complaint with the local law. You have no base for you accusations and you can’t threaten us with your own laws. Also, there is no DMCA law in our country. How come million sites are hosting your drivers, and we are the only one to receive legal threats?
Our modified software does not include code-level modification, only installation script modifications (INF) which is Windows script file. The installation script is not a part of the driver itself and NVIDIA Corporation cannot claim copyright ownership on these kinds of files. NGOHQ.com is providing notifications to the users and letting them know that the software is not being supported by NVIDIA Corporation. The user acknowledges that he’s/she is using the software at their own risk. You have no rights to claim ownership on installation scripts.
NGOHQ.com is fully legal and follows its state laws. NVIDIA’s drivers are being distributed on millions of web-sites on the internet. This attempt to force NGOHQ.com removal of this software is nothing but an attempt to continue the abuse toward NGOHQ.com. From our investigations, it seems that NVIDIA Corporation hasn’t sent this legal threat to anyone except NGOHQ.com.
From million of sites, NGOHQ.com is the only site who received legal threats. The real motive behind NVIDIA’s action is surely not the protection of their consumers, but to abuse NGOHQ.com due to unknown reasons.
We are modifying ‘driver .INF file’ because you’re using your software illegally as a tool to promote your new products. You’re removing INF file support for older product generations to promote your new products illegally, and using your drivers as tool for psychological warfare on your customers. Your actions are violating the United States Antitrust laws and consumer rights. You’re also making false advertisements by claiming your software is Unified Driver Architecture, while it’s not.
NVIDIA is required to ensure that their products are working, and the software is bug-free. Instead of working on your drivers, you’re ignoring issues, requests and customer’s rights by dropping support and playing software tricks with them. The consumers are suffering in both desktop/mobile platforms because of your abusive tactics.
Without these ‘modified drivers’, your customers would file class actions against you. Your users are downloading drivers from our site because you fail to satisfy them, and you ignore them (Unfriendly control panel, Known 7800 GS issues and more) ............. snip
So Nvidia doesnt want to provide support for their older products & is trying to stop those websites that are modifying drivers that do allow this support in the newer drivers?
Thats consumer friendy for you!
