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Hi All, I just bought a GTX 1080 card from Macvidcards, and when I received the card, it turns out that he didn't flash it with the modified firmware. No boot screen, blank until login screen. I emailed him and he asked what firmware version is reported by System Report. Sure enough, it was 'VBIOS 86.04.3b.00.84', which is a stock version, according to the Nvidia website. I reported the result, and never heard back, despite several additional polite reminders over the past month. Has anyone had a similar experience?
Basically, I got a used video card for the price of a new card, without manufacturer or merchant warranty. That wouldn't bother me if it were flashed and backed by Macvidcards, but clearly something is amiss with him. Has anyone else had the same experience?
Does anyone have a GTX1080 flashed with his firmware who might be willing to dump the binary and send it to me? I can provide proof of purchase to prove I'm not trying to pull a fast one. Many thanks, Dave. You're certainly not the first, seems to be more and more complaints these days. Even on his own website, and it doesn't look like he always responds to people with questions or critisism.
IMHO, the guy is off the deep end a bit. I've seen his postings around the net and he seems very bitter about things and certain people. It may be founded, I don't particularly know or care? But one thing is for sure, it's absolutely no way to run a business. A shame, he was once a very great resource. I personally don't think I would do business with him anymore. If he doesn't refund your money, report to your financial institution ASAP and have them see what they can do.
Just poked at the BBB, he's not accredited but there are some similar complaints: For what it's worth, I emailed him a question back in October and never got a response. Not sure what is going on, but it cemented my above feelings. Hit or miss is not somewhere I want to spend my hard earned dollars. Click to expand.The thing is, he's not selling pirated copies of Nvidia's rom, he's selling modifications to the original rom, which stays with the hardware for which it's licenced. When he modifies a card, the number of copies of Nvidia's firmware remains the same. He's not increasing the number of extant copies of Nvidia's intellectual property.
That's a critical point, because all IP law pretty much flows from that core concept - the owner of the IP gets to control the number of extant copies of their IP, and who gets the revenue from the activity of causing an increase. When someone else flashes a card with MVC's firmware, the number of extant copies of MVC's IP increases, without his control, or ability to receive revenue. This is why secondhand book sales don't get the author additional royalties, because they don't result in an increase in the extant number of copies in the world.
This is what underpins the part of the first sale doctrine that allows anyone to buy, modify and then resell pretty much any product. The question of whether his modifications are a protectable invention, or a non-protectable discovery are of course open to debate, and will depend on whether a particular jurisdiction allows for IP protection of a discovery (eg the BRCA1 breast cancer gene), or merely the tools necessary to utilise that discovery. If the changes he makes are the only change that can be made in order to achieve the result, and any independent clean-room re-implementation would get the exact same result, then what he's got would likely count more as a discovery, than an invention, and it's protectability would be questionable. Then it's down to a matter of whether the method he uses to make the changes is novel (his flashing utility could be proprietary, even though the flashes it performs are not). The fact that he's distributing his proprietary bit as a derivative product of someone else's product doesn't give anyone else the right to disregard his copyright, however and just duplicate what his flashing tool outputs to re-duplicate it - whatever the natural justice feelings people might have are, that's not generally the way IP laws operate. The thing is, he's not selling pirated copies of Nvidia's rom, he's selling modifications to the original rom, which stays with the hardware for which it's licenced.
When he modifies a card, the number of copies of Nvidia's firmware remains the same. He's not increasing the number of extant copies of Nvidia's intellectual property.
That's a critical point, because all IP law pretty much flows from that core concept - the owner of the IP gets to control the number of extant copies of their IP, and who gets the revenue from the activity of causing an increase. Click to expand.It doesn't matter. This is still considered piracy. Especially because he sells it. Trust me I've been there. He might have a tiny bit of an out because he can claim he performs a service and he's not selling code that is Nvidia's.
But if what he performs is a service he can't claim ownership of the ROM. Either he's selling ROMs or he's not. I don't think Nvidia cares about what he is doing. But he'd have a real hell of a time actually suing anyone for redistributing his ROM given he's selling someone else's ROM. His 'I'm going to make you agree not to reverse engineer my ROM trick' is nice but I'm pretty sure Nvidia's license agreement also forbids you from reverse engineering their ROM so again he's doing exactly what he says not to do.
Click to expand.not a lawyer, but i've sat through enough copyright lectures that I'd hazard a guess that his changes, in themselves, would probably count together as a 'work' for copyright purposes, given that he includes unique identifiers to himself in them (his credit info iirc). If all it was, was the functional changes, and they were the one and only way to do what he does. Maybe a non-protectable discovery, not an invention (depending on your jurisdiction). IIRC America however is one of the territories where discoveries are more likely to be protectable, not less. The fact that crackers use those same techniques to circumvent piracy protections doesn't seem relevant to me.
If you can arrange standard audio notes together to produce a protectable specific tone, like the Intel Inside tone, there's no reason to suppose changing a few values within a standardised set of options to produce a new set of novel behaviour wouldn't be similarly protectable. I still find it interesting that noone else seems to have come up with a parallel clean-room version of his EFI hack, to make it a DIY option. I wish they would, because the idea I'd have to either buy a card from him, which would attract a 10% duty on import, or buy one here & pay to ship it to and from America is just nuts. Not a lawyer, but i've sat through enough copyright lectures that I'd hazard a guess that his changes, in themselves, would probably count together as a 'work' for copyright purposes, given that he includes unique identifiers to himself in them (his credit info iirc). If all it was, was the functional changes, and they were the one and only way to do what he does. Maybe a non-protectable discovery, not an invention (depending on your jurisdiction). IIRC America however is one of the territories where discoveries are more likely to be protectable, not less.
The fact that crackers use those same techniques to circumvent piracy protections doesn't seem relevant to me. If you can arrange standard audio notes together to produce a protectable specific tone, like the Intel Inside tone, there's no reason to suppose changing a few values within a standardised set of options to produce a new set of novel behaviour wouldn't be similarly protectable. I still find it interesting that noone else seems to have come up with a parallel clean-room version of his EFI hack, to make it a DIY option. I wish they would, because the idea I'd have to either buy a card from him, which would attract a 10% duty on import, or buy one here & pay to ship it to and from America is just nuts. Can someone chime in about state of affairs with 10XX and PCI-e 3.0? I was under the impression that there are Nvidia web drivers for 10.12.4+ and 10.13, but I'm mostly reading about this for eGPU and could be getting confused here.
From what I understand MVC enables 10XX cards but the bandwidth is limited to PCI-e 2.0 speeds. Yet, MVC remains popular so now I'm even more confused. Maybe people just want the native boot screen that you do not get with web drivers? Or maybe they want to use on previous versions of OSX? Click to expand.I'm not saying that and I won't say the software/hardware industry is perfect.
Nvidia are far from it. They shove this. BETA web driver in Mac user's face for the last 3 years and laugh at y'all. They're thankful for the extra sales but they keep the driver in beta so they don't have to give proper support.
In that case it is perfectly understandable that people will hack their firmware to make the cards work better with the old Mac Pro. If the guys hacking the firmware wanna charge money they need to support the product they sell if they do it through a a company/LLC. If they do it person to person like from Jeff to Bob then there isn't an obligation to support - only an obligation to offer the product.
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Click to expand.To avoid a long winded forky type diversion of the topic at hand, but not dismiss an interesting opportunity; I would add to a pool of contributing topics by mentioning, for consideration: extra vs intra judicial processes, expectations of trust in game theory models, and how they deviate from modern legal ethics. With a dash of acknowledgement of slippery slopes, and a smidge of agreement to stay away from strawman type arguments, perhaps we can pretend we had a lengthy and charitable discussion about it. But for the sake of good forum etiquette leave it just tossing a few simple logic type statements back and forth. Click to expand.Can isn't the same as should. Again, whether his contribution is protectable or not is probably going to be very much up to what jurisdiction one is in - eg when Antigua won a WTO ruling allowing them to ignore all American copyrights, and to resell American copywrited material without providing compensation to the copyright holders. To me, what he is doing is similar to custom car modifiers who buy, modify, and then sell complete vehicles - their designs and modifications are protected by intellectual property laws.
You can't just buy one of their cars, take casts off their bodykit parts, and start selling your own versions, on the grounds that the original unmodified car wasn't their design. But maybe what he's doing falls below a threshold of a minimum amount of work necessary to produce a new distinct 'work'.
Again, I find it odd that it isn't commoditised and independently achieved if it's so inherently minor as to not attract protection. Can someone chime in about state of affairs with 10XX and PCI-e 3.0? I was under the impression that there are Nvidia web drivers for 10.12.4+ and 10.13, but I'm mostly reading about this for eGPU and could be getting confused here. From what I understand MVC enables 10XX cards but the bandwidth is limited to PCI-e 2.0 speeds. Yet, MVC remains popular so now I'm even more confused. Maybe people just want the native boot screen that you do not get with web drivers? Or maybe they want to use on previous versions of OSX?
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