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Hardware

Nvidia Wants To Prohibit Consumer GPU Use In Datacenters (theregister.co.uk) 312

The Register reports: Nvidia has banned the use of its GeForce and Titan gaming graphics cards in data centers -- forcing organizations to fork out for more expensive gear, like its latest Tesla V100 chips. The chip-design giant updated its GeForce and Titan software licensing in the past few days, adding a new clause that reads: "No Datacenter Deployment. The SOFTWARE is not licensed for datacenter deployment, except that blockchain processing in a datacenter is permitted."
Long-time Slashdot reader Xesdeeni has a few questions: Is this really even legal? First, because it changes use of existing hardware, already purchased, by changing software (with potentially required bug fixes) agreements retroactively. Second, because how can a customer (at least in the U.S.) be told they can't use a product in a particular place, unless it's a genuine safety or security concern (i.e. government regulation)!?
Nvidia expects that "working together with our user base on a case-by-case basis, we will be able to resolve any customer concerns," they told CNBC, adding that "those who don't download new drivers won't be held to the new terms."
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Nvidia Wants To Prohibit Consumer GPU Use In Datacenters

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  • Obstacle! (Score:4, Funny)

    by Anonymous Coward on Sunday January 07, 2018 @09:37AM (#55879851)
    With policies like that, Oracle will be proud to buy them!
    • by Futurepower(R) ( 558542 ) on Sunday January 07, 2018 @10:33AM (#55880095) Homepage
      Microsoft, Oracle, Adobe Systems, and Nvidia executives are trying to see who can be most abusive?

      Just two laws are needed:

      1) Everything bad is forbidden.

      2) Everything good is mandatory.

      Prediction: Microsoft, Oracle, Adobe Systems, and Nvidia will combine and become one company, known as MOAN.

      We'll all be moaning about MOAN.
      • Re: (Score:2, Insightful)

        by Anonymous Coward

        They're leveraging their near-monopoly on GPU-compute and naturally if you have a near monopoly you'll move to exploit that any way you can. I'm thinking this is either (1) a good opportunity for somebody else to come along with new, cheaper compute hardware and make a killing or (2) an anti-trust issue that regulators can take up.

        • Which leads me to suspect AMD would very much be happy to take whatever business NVIDIA could lose if the high performance compute crowd rises in anger.

        • They're leveraging their near-monopoly on GPU-compute and naturally if you have a near monopoly you'll move to exploit that any way you can.

          Naturally, assuming that you are immoral and unethical, and willing to skate around the fringes of criminal wrongdoing. Interestingly, AMD is the go to vendor for crypto currency mining, I see that as writing on the wall for Nvidias top 500 game. To tell the truth, Nvidia as a company makes me retch and I would refuse to have anything to do with them even if they had the best hardware, which they do not.

  • You know.... (Score:5, Insightful)

    by Lisandro ( 799651 ) on Sunday January 07, 2018 @09:39AM (#55879857)

    ...just because you plaster something in a license doesn't make it automatically law.

    • Re:You know.... (Score:4, Interesting)

      by Luthair ( 847766 ) on Sunday January 07, 2018 @10:08AM (#55879995)

      Its not law, its a contract. And unfortunately they likely get away with it as its software.

      When I originally heard this story I assumed they were going to say that the warranty on consumer cards wouldn't be honoured if used in a data center which wouldn't have been unreasonable.

    • by mysidia ( 191772 )

      Also the clause is vague:
      What does "datacenter deployment" mean?
      If I create a special facility with 50 desktops stacked on top of each other with nVIDIA GPUs, is that a datacenter? If Yes, then how is an internet cafe or school computer lab with 1 desktop per student not a datacenter? If Not, then how is 1000 computers stacked a datacenter?

      No Datacenter Deployment. The SOFTWARE is not licensed for datacenter deployment, except that blockchain processing in a datacenter is permitted.

  • before it expires (or NVIDIA asks Google to clear it): here [archive.is]
  • by SigIO ( 139237 ) on Sunday January 07, 2018 @09:56AM (#55879933)

    I don't see NVIDIA going after people who install the software in a datacenter. I see them using this licensing clause to quash lawsuits from people who do violate the terms, and end up having some sort of issue running the hardware where NVIDIA could be held liable. Be it something extreme like a fire from overheating, to a chip-level problem like what Intel has recently been going through You're running this software/hardware in a datacenter, and we told you not to. Liability absolved...maybe.

    • by Anonymous Coward on Sunday January 07, 2018 @10:49AM (#55880173)

      and end up having some sort of issue running the hardware where NVIDIA could be held liable.

      This. The amount of time I had to spend debugging application issues because someone had the great idea to run a rig stuffed with gaming cards 24/7 instead of using hardware that is certified to last is insane. You have penny pinchers that see better performance for less money on the gaming cards and fail to notice just how much corners they cut. I had some randomly hang after eight hours of constant use, a known issue that affects nobody using gaming cards as intended.

      Worse I have coworkers who try to sell customers on gaming cards since they can't be bothered to optimize their shaders and the performance difference between those cards is nontrivial. I hope that puts a stop to that.

      • by Dog-Cow ( 21281 )

        If you've never had a gaming session last over 8 hours, you're not much of a gamer. Those days are long behind me, but I still remember them.

        • by Cederic ( 9623 )

          8 hours? Yeah, I haven't done that since.. hmm. Yesterday.

          My record is 56 hours, online gaming without missing a single match, matches last 5-30 minutes, you always survive the first five minutes and I had to go find food when knocked out early. Sleep? Nah.

          University was fun ;)

      • I had some randomly hang after eight hours of constant use, a known issue that affects nobody using gaming cards

        You don't play games do you. 8 hours? Good that's the warm-up, when does the real gaming start? That's to say nothing of the time my sister and I tag teamed on the one PC because we couldn't be bothered lugging 2 to the event. She showed up with a sleeping bag and "relieved me" from my gaming duties, I returned the favour the following morning after getting back from the Maccas drive through with 6 bacon and egg McMuffins.

        I'm pretty sure us eating those muffins for 5 minutes and a 30 second piss was the onl

      • Some people will gamble that the gaming cards will perform adequately for 24/7 number-crunching, even though they aren't guaranteed to do so. Just like some people overclock CPUs and take their chances.

        It's called differentiated marketing -- the "good, better, best" of selling. Manufacturers offer their products in several tiers and at several price-points, with different guarantees of performance to justify the prices.

        Sometimes they run out of "good" or "better" and have to sell "best" in its place, withou

    • Possibly, but somebody running a Geforce in a datacenter should know the difference and know the risks. Most datacenters do not require a Geforce card.

      More likely this is a push for more revenue. Is there something which workstation cards require that consumer level cards do not, which requires a greater investment from NVidia. A reason to charge more for workstation/datacenter cards as it were. Why such a drastic difference in price between SKUs?
    • No, they really are trying to squeeze people for money, not protect themselves. They've been moving in this direction for a few years, and this is just the latest step. They already had cracked down on pretty much all the companies that install pre-built clusters. None of them have been able to sell clusters with GeForce cards for a couple of years, because NVIDIA wouldn't let them. If you wanted a cluster with GeForce, you had to buy individual servers, set up the cluster yourself, buy the GPUs at reta

  • by MindPrison ( 864299 ) on Sunday January 07, 2018 @09:56AM (#55879937) Journal

    History repeats itself, did you ever remember the stories about Microsoft and Xbox? Apple and the iPhone? The right to modify your own hardware device?

    The consumers and the companies that produced these product - couldn't quite agree on the ownership, even though it should be blatantly clear: If you OWN the hardware you purchase, you're technically free to do what it as you wish (in a perfect world free from lobbyist that convince lawmakers to follow the way of the companies rather than the public wishes).

    Now, that said - the companies in turn, has no specific responsibility to offer you free software that support certain functions for your own purposes if they don't wish to do so, you may own the hardware, but you don't have rights to demand them to do anything for you in the future with your hardware (unless promised by them).

    Nor do they have any obligation to provide you or anyone with full documentation on how your hardware works.

    You in turn - have the full rights to refuse their products, you simply don't buy them.

    • Re: (Score:2, Insightful)

      by Anonymous Coward

      If I understand it right, you can still do whatever you want with the hardware itself, the restriction is on the drivers (software). That is why it does not apply to those who do not update the drivers. Nor if you use GeForce GPUs on Linux with the Nouveau drivers, but in practice switching to AMD is probably a better alternative.

      • If I understand it right, you can still do whatever you want with the hardware itself, the restriction is on the drivers (software). That is why it does not apply to those who do not update the drivers.

        I'm afraid it's not quite that simple. Ever heard of "rooting"? It simply means bypassing and editing the BIOS (which technically is also software) to your own liking, this often means bypassing access to hardware. This was the case for the longest time for those who wanted to use the powerful multi-core processors of the old Playstation 3.

        These companies, don't want you to use your hardware for other purposes than they intended - as long as it competes with their own alternate products, never-mind the comp

        • by Lonewolf666 ( 259450 ) on Sunday January 07, 2018 @10:45AM (#55880159)

          I don't think this is relevant to GP's argumentation. He (she?) wrote that those who do not update the drivers don't need to agree to the new license. No rooting is necessary here. Legally, it means that the desire of Nvidia to control the use of their hardware can be avoided. At least in the short term.

          Practically, the problem will resurface when the current hardware is obsolete/gets unreliable because of age and needs replacing, including drivers for the new hardware. Then the license terms won't be so easily avoided anymore.

          Time to switch to AMD. Not only don't they have such clauses, they are actively putting themselves into a situation where a future management cannot easily pull a Nvidia anymore. I mean the open source driver development that gradually replaces the closed source drivers at AMD. Those licenses not be revoked for already released versions.

          • by west ( 39918 )

            Time to switch to AMD. Not only don't they have such clauses, they are actively putting themselves into a situation where a future management cannot easily pull a Nvidia anymore.

            The only danger is that if AMD is depriving themselves of a significant revenue stream, then that makes Nvidia the richer company, possibly allowing it to hire the best programmers, built better facilities, do more R&D, and eventually kill AMD, in which case we're all poorer for AMD's customer-centric move.

            Now, I don't think the

    • by Dog-Cow ( 21281 )

      Apple has never tried legal restrictions on where hardware could be used. To this day, data centers will have racks of Mac minis, if they have clients who need them.

    • If you OWN the hardware you purchase, you're technically free to do what it as you wish

      Indeed, but to do so you will need to write your own driver. The license restrictions has nothing at all to do with your hardware.

  • by Hentes ( 2461350 ) on Sunday January 07, 2018 @09:57AM (#55879945)

    I may be overly optimistic but I hope that this move will provide enough incentive for big corporations to get behind open source drivers and help create something that's on par with the official ones.

    • by Luthair ( 847766 )
      Big corporations likely don't care since they already have negotiating power and aren't paying retail. I imagine this is aimed at some company doing what BackBlaze does with hard drives (e.g. buying whatever is most cost effective, even shucking consumer drives in enclosures).
    • Murphy was an optimist.

      Just say'in.

    • I may be overly optimistic but I hope that this move will provide enough incentive for big corporations to get behind open source drivers and help create something that's on par with the official ones.

      Drivers!?

      Hell, I'm now cheering for the Chinese to start flooding the market with cheap nvidia GPU clones and drive nvidia out of business, or at least make them happy to sell anyone their products to do anything at all, as long as they're making the sale and not the Chinese.

      Strat

  • If the topic comes up, I'll just mention that I keep all of my rack mounted "systems" (not gonna call them servers) in a 5000 square foot "storage closet" that just happens to have redundant UPS and cooling systems in it. How fortunate for me!

    This seems like a pretty easy legal loophole to get around. If that doesn't work, I can say that I just used them for crypto mining since they already have a loophole for that.

    • Yeah... no. A half competent lawyer will shoot that down before you even finish submitting it to the court, if it ever came to a trial. You can't call a gun a pillow and tell a judge you just had a 'pillow' fight, not a shoot out.

      If it did come to some sort of investigation, they'd demand logs to your equipment to see what it's being used for. If you run any kind of closed source software there's a company that does audits for compliance (Business Software Alliance) and they have been known to show up wi

  • by JoeyRox ( 2711699 ) on Sunday January 07, 2018 @10:11AM (#55880007)
    This LICENSE will automatically terminate if Customer fails to comply with any of the terms and conditions hereof. In such event, Customer must destroy all copies of the SOFTWARE and all of its component parts.

    No Warranties.To the maximum extent permitted by applicable law, the software is provided "As is" and nvidia and its suppliers disclaim all warranties of any kind or nature, whether express, implied, or statutory, relating to or arising from the software, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

    Governing Law. This LICENSE shall be deemed to have been made in, and shall be construed pursuant to, the laws of the State of Delaware, without regard to or application of its conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
    • by Pembers ( 250842 )

      That sort of thing is present in the license agreement for just about every piece of commercial software, at least as far back as Windows 3.1 (the earliest one I read).

      Actually, every open source and free-as-in-speech license has something like the second provision, and most if not all copyleft licenses have something like the first provision (the automatic termination part, not necessarily the "destroy all copies" part.)

  • by PeeAitchPee ( 712652 ) on Sunday January 07, 2018 @10:14AM (#55880023)
    Enforcement of this will be pretty much impossible without some tie-in to the OS or drivers. First of all, what's a datacenter? Cloud-based infrastructure, or a room of servers only running internally on a local network? How about a mining operation in someone's basement? A grad student running a small network of GPUs for some sort of academic research? Etc. Now, if they really want to enforce it, it can be done -- you'd have to tie the software and drivers to server-class platforms that people typically have to pay for. E.g., I've seen Chelsio do that with some of their iWarp NICs where iWarp is disabled on anything but Windows 10 Enterprise and the Microsoft server OSes (though in that case, Chelsio claimed that Microsoft forced them to do it). On the Linux side, that might not be a realistic option.
  • by Joe_Dragon ( 2206452 ) on Sunday January 07, 2018 @10:29AM (#55880071)

    ATI / AMD wins again!!

    As they are open sourcing the ati video drivers in full for Linux.

  • data center (Score:2, Insightful)

    by gary s ( 5206985 )
    How is data center defined? I dont have a data center, I have a lab! I dont have a data center, I have a computer room. I dont have a data center I have a mind your own dam business room. Even if in a license I find it hard to see where they can stop the use of a product that has been purchased.
  • by stikves ( 127823 ) on Sunday January 07, 2018 @11:09AM (#55880261) Homepage

    I recently tried to add an nvidia card to my workstation for a virtual machine, and it turned out that nvidia breaks the driver when they detect the card is in a virtual machine.

    Specifically you get an unexplained "Code 43" error, and nvidia's excuse is that there is a bug which they will not fix. However if you spent some time to hide the VM, like removing hypervisor drivers, it would have magically worked. Unlucky as I am, it turns out nvidia also broke that workaround (at least it did not work for me).

    There are 3rd party patchers for this thing: https://github.com/sk1080/nvid... [github.com] which require a lot of involvement, and will probably break at the next update. Given so much effort by nvidia to make sure I would be unable to use the hardware I purchased, I gave up, and removed the nvidia card from the workstation.

  • by Guyle ( 79593 ) on Sunday January 07, 2018 @11:16AM (#55880295)
    How do they intend to enforce this? Get your IP address from the driver, match it up against known blocks assigned to hosting companies? It's not like they can say "Oh, this is a Dell R740, the driver won't install" because that thing could be sitting (loudly) on a table in my house, not necessarily racked in a data center. It's one thing to say "We want you to buy our Quadro/Tesla gear for your giant virtualized environment" but another to say I can't pop a 1080 Ti in the one server that needs GPU horsepower for some task. It's asinine.
  • ... a competitor with better terms of use.

    The market needs to spank Nvidia.

  • ... sign to "Game Room."

  • by Geekenstein ( 199041 ) on Sunday January 07, 2018 @11:44AM (#55880413)

    What are the odds that the warranty claims on these cards skyrocketed when they started getting used 24/7 in DC applications and caused this to get thrown in? They know miners won't buy cards that are inefficient for their purposes, and that money train is far too good to throw away, but wealthy corporations and universities? Pay up.

  • by BrendaEM ( 871664 ) on Sunday January 07, 2018 @11:53AM (#55880473) Homepage
    In the end, I will not buy a scumbag's product.
    Is if fair for a brick-maker to forbid you from using one for a doorstop?
  • That's possible. That might also have been the reason for Sony to eliminate the PS3 'Other OS' function. Too many cheap and powerful devices were being clustered together in third world countries and used for who-knows-what. The US Gov't contacts them (or Nvidia) and threatens unmentionable retribution unless they keep these out of the hands of Iran, the Norks or whoever.

  • by RightwingNutjob ( 1302813 ) on Sunday January 07, 2018 @12:19PM (#55880625)
    Capitalism is funny that way.

    AMD and Intel make parallel computing hardware add-ons as well, plus a bunch of little guys. Lesson to be drawn: don't code your stuff in CUDA, use OpenCL so that it is portable to other hardware in case any one vendor gets to big for his britches.
    • by Billly Gates ( 198444 ) on Sunday January 07, 2018 @01:58PM (#55881113) Journal

      What market? There are no competitors.

      AMD doesn't have anything that can run Cuda. Also, they do not support the latest opencl so it's a no go for developers as Nvidia owns too much of the market to ignore.

      My room mate is a graphics developer. He told me AMD is shit because it doesn't support CUDA. His employer forces it's customers to only support Nvidia as their is no one else on the market.

      AMDs days are numbered like Unix was in the Windows outslaught. Developers still wrote visual basic apps, ActiveX, and IE 6 sites and ignored everything else. Customers didn't care.

  • Welp. (Score:3, Insightful)

    by Erik Maes ( 4418793 ) on Sunday January 07, 2018 @01:02PM (#55880869)
    RMS was right. Again.
  • If you sell $5 buckets for carrying water and *the same* buckets for $50 with a couple of minor tweaks for carrying wine, donâ(TM)t be surprised when people buy the $5 buckets and decide they theyâ(TM)re good enough to carry wine.

    This points to either an artificial cross-market restriction (i.e. antitrust) or a wide open opportunity for competition. CUDA and CuDNN represents a substantial hurdle, though. Still, OpenCL *is* in early stages in some deep learning libraries. Hereâ(TM)s hoping

    • NOTE: I despise Nvidia due to past personal experiences dealing with them and won't have an Nvidia product in my house. BUT, this seems aimed at liability though I think they would be better of simply stating it isn't supported rather than implementing it in software, the reality is gaming cards are not designed for running in data centre scenarios, this reveals a lot of bugs and problems that just don't exist when using them for gaming and rather than be on the hook for fixing those problems the easiest so
  • by iamacat ( 583406 ) on Sunday January 07, 2018 @01:53PM (#55881099)

    A group of managers surrounded by yes-men/women convinced themselves that an obviously ridiculous thing would fly, or can be even be explained away as being for customers' own benefit. Plenty of engineers said "that's retarded" on internal mailing lists. Nobody listened to them and a company lawyer told them to drop the thread. Expect some weeks of denial and PR attempts followed by inevitable caving in with "it's only a guideline". I have not seen this particular train wreck from inside, but they are all the same.

  • The first thing that jumps into my mind is rows and rows of rackmounted servers - hosting either databases, websites, or virtual machines. And the rackmounted chassis that I have looked at (admittedly on the old side) don't have a power supply capable of supplying the juice required for many of the modern GTX video cards, and it isn't obvious to me that the fans in the case are capable of removing all of the heat that these types of video cards generate.

    That isn't to say that it can't be done of course - t

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