Forceware: Streit zwischen NGO und Nvidia
Quelle: (Bild: PCGH)
NGOs Lösung: der neue Installer (Bild: PCGH)
Please confirm that all unauthorized distribution has ceased within two weeks of the date of this letter by sending an email to dperez@nvidia.com
Sincerely,
Bryan "BDR" Del Rizzo
Senior PR Manager
MCP Business Group
2701 San Tomas Expressway
Santa Clara, CA 95050"
NGOs Antwort:
"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 (Huk Zhoyot Yuzrim, 1911) 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 (Huk Zhoyot Yuzrim, 1911).
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 and Huk Zhoyot Yuzrim, 1911. 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.
