As many would imagine that it was bound to happen, an end-user filed a class-action lawsuit against Nvidia via U.S. district court in the Northern district of California over GTX 970’s 3.5GB VRAM issue. According to the lawsuit, the individual Andrew Ostrowski alleged that Nvidia and Gigabyte misleaded its customers by resorting to misleading advertising, unfair and deceptive business practices. As of now, there is a demand for Jury Trial.
The lawsuit specifically points out that initially it was advertised with 64 ROPs, but later it was corrected as 56 ROPs which may explain the performance stifling issue once the card crosses 3.5GB of VRAM consumption. It should be noted that Nvidia took a long time to release the corrected diagram block, but also tried to dismiss the performance issue claims before introducing the newer block diagram.
As a validation for this lawsuit, the plaintiff used PC Perspective’s extensive analysis and also using the petition for GTX 970’s refund. Furthermore, it highlighted GURU3D’s review and Nvidia’s reviewer’s guide posted by Anandtech.
Earlier, Jonah Aiden admitted (as said by PC Perspective) that there is a problem in GTX 970 technically where the last 512MB VRAM block was slower than the rest of the remaining 4GB VRAM. Unfortunately, this issue isn’t something that could be fixed with a driver update. But at the same time, Nvidia wasn’t clear on how to deal the issue with those who spent their money on a card. While some retailers and AIB partners have eventually started accepting the card, or offering a GTX 980+ pay for the difference option, the rest are pretty much in the dark. Only time will tell how this lawsuit would be settled.
As a personal opinion, had the block diagram was accurate from the start, the issue may have no escalated. While Nvidia did deliver the specs it mentioned, the first block diagram was inaccurate. Admitting to the issue and releasing the corrected block diagram months after release does nothing more than adding wood to the fire and letting it grow batshit crazy.