Thursday, July 17th 2014

EVGA Allegedly Cuts Out Original Developer of Precision Overclocking App

EVGA allegedly violated the license agreement it held with the original developer of its Precision overclocking and monitoring app, when it developed the latest version of its Precision X 15 app, featuring what it claimed to be a "100 percent in-house" back-end code. EVGA Precision was originally based on RivaTuner codebase, which developer Alex "Unwinder" Nicolaychuk licences out to several major VGA add-in board manufacturers; the more popular being MSI Afterburner. The RivaTuner base, derived from Unwinder's pioneering VGA tweaking app, forms a vast majority of the code of the likes of Precision and Afterburner, with clients going only as far as to innovate shiny skins and UI ideas, or add-on features (ideas), which are then put into code by Unwinder.

Unwinder alleges that the latest version of Precision X, the one EVGA claims to be an in-house development, continues to be largely based on RivaTuner, including the more superficial bits of it, such as user interface dialog control IDs (the way the app takes inputs from the user), and text from the multilingual help system. The installer in which Precision X is packaged, ironically, continues to feature the licence agreement copied over from the older version.

Unwinder states:
The most sad and painful thing for me is that the company entirely copy-pasted RivaTuner’s unique concepts of displaying data into On-Screen Display. RivaTuner Statistics Server was the first tool in the industry that introduced the concept of in-game hardware monitoring via OSD back in 2005, I spent almost than 10 years on polishing it. And most sad thing for me is that original Precision was not supposed to include such functionality, so it is not included in development budget and royalty fees. I added RTSS to Precision in one of the first versions completely free of any licensing fees just to help the company to promote new tool and it truly became one of the most important application features. So it was used during more than 5 years completely free (and the company was never brave to admit that) and in final they originally “thanked” for free OSD usage by stealing it. EVGA’s brand new “in-house” OSD is also open a simple rip of open source FW1FontWrapper overlay. And If I were the developer of FW1FontWrapper, I’d read the story of RTSS and think 1000 times about it.
EVGA, in response to the allegations, maintained that "no code was copied," and that it doesn't see a wrongdoing in keeping the user interface consistent (UI) with older versions, since the UI is "100 percent designed by EVGA." It stated:
The original Precision was always a joint effort anyways, some elements were designed by EVGA others were licensed like the RTSS server, and many features were added because EVGA requested it. In this new version we rebuilt all back-end code from scratch. This will allow us to continue to add more features in the future, and not be bound by any "exclusivities."
There has been no public release of Precision X 15, yet, and so we cannot verify claims from either side.Source: Guru3D
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48 Comments on EVGA Allegedly Cuts Out Original Developer of Precision Overclocking App

#1
RCoon
Forum Gypsy
Probably should have expected to get ripped off. This is the world we live in, companies are just out to steal other people's work and crush them under the weight of expensive legal action.
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#2
Xzibit
No good deed goes unpunished.
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#3
LDNL
Well done EVGA. How pathetic is it to steal something that was free for your company.
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#4
Relayer
My favorite is where EVGA "blames" Unwinder because he didn't implement features that they recommended for them but them they mysteriously (<-my wording) appeared in Afterburner. So they think that features should be added because they simply ask for it. Here's an idea EVGA, how about you pay for it? That's usually how you get people to do work for you. Oh, the feature? 64bit overlay because it was needed for BF4. Like Unwinder, and apparently MSI, needed EVGA to tell them it needed that?

They really really needed to think more before responding. They started off with egg on their faces, now they've put both feet in their mouths with their excuse on why they did an end around on the dev..
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#5
Scatler
Oh how the mighty have fallen.
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#6
LAN_deRf_HA
I never really got why EVGA and MSI seem so stingy with compensating this guy for work and getting the features they want added in. Especially since they had to pay somebody else to develop this. I can however understand one of these companies wanting to get away from that dev. Whether you're a big or small company you want very measured and professional interactions with customers no matter how obnoxious they are and that's not always what you get with unwinder.
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#7
Antykain
I have been using EVGA product for many years, dating back to GeForce 2 Ti way back in the day. I've been pretty a pretty loyal EVGA customer over the years. I'm kinda curious to see how this is going to play out in the end.. Been using the new PrecisionX 15 as of today, and so far, I like it.. a bit buggy with some games, but I guess being EVGA's first 'full' release, it's a given. Guess we'll see how this play out.. I still plan on supporting EVGA products whatever the outcome.

PrecisionX 15 is now available btw from EVGA.com.
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#9
Recus
Well, why create something new when you can borrow?
AMD’s UAV Ordering is basically a copy of Intel’s PixelSync

AMD Gaming Evolved is slowly receiving all features from GeForce Experience
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#10
Relayer
So you think it's politics? Or EVGA is driven by patriotism? Seems like EVGA was PO'd because MSI got a feature before they did.
by: wickedcricket
Well, these are only allegations we don't know all details yet, don't start spitting acid flame war. Maybe he just run out of money and now his butt hurts with empty pockets or something or maybe there is something else behind it all. There are always two ends of a stick. Also he is russian and on the other end you've got an American company. In light of "current" global circumstances, it draws a picture really. All I know if this is an open source code licensed and deployed to/for a specific entity, it (the end user/entity) ownes bits and pieces of your IP and has further rights for own development of it. In fairness lines of code are always there to "use", aren't they?
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#11
LDNL
by: Relayer
So you think it's politics? Or EVGA is driven by patriotism? Seems like EVGA was PO'd because MSI got a feature before they did.
EVGA got pissed because a competitor got all the features and EVGA with a lesser contract (THAT THEY MADE) with less pay didn't. In the end they got those features for free and still safted the developer.
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#13
wickedcricket
by: Relayer
So you think it's politics? Or EVGA is driven by patriotism? Seems like EVGA was PO'd because MSI got a feature before they did.
Well when it comes to $$$ I don't think any reason/action would fully justify or explain both parties actions. It might be even that EVGA wanted some feature(s), from dev Alexey, they made their proposal, he named his price, they refused as it wasn't justified and EVGA said: hey wait a minute we are so long in this business we don't actually need you, we'll do it ourselves. ...and so they did, this is what actually happens a lot in this business and to be honest is an unwritten rule. Also who knows if the political tensions hasn't got anything to do with it - I'd say yes, in a very minor way but tensions between those 2 (USA vs RU) are high....
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#14
ZoneDymo
by: Antykain
I have been using EVGA product for many years, dating back to GeForce 2 Ti way back in the day. I've been pretty a pretty loyal EVGA customer over the years. I'm kinda curious to see how this is going to play out in the end.. Been using the new PrecisionX 15 as of today, and so far, I like it.. a bit buggy with some games, but I guess being EVGA's first 'full' release, it's a given. Guess we'll see how this play out.. I still plan on supporting EVGA products whatever the outcome.

PrecisionX 15 is now available btw from EVGA.com.
You come across like you are on their payroll so badly with that man, urgg
Nice integrity you have supporting them whatever happens, up your standards pls.
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#15
LDNL
by: wickedcricket
Well when it comes to $$$....
Please go read the thread over at G3D. None of your posts are making any contribution to this discussion.
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#16
Easy Rhino
Linux Advocate
I really hope Alex gets legal council on this. I won't be buying any EVGA products now.
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#17
marsey99
i hope unwinder fucks them, too.

w1z you ever had anything like this?
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#18
neliz
MSI Rep
by: wickedcricket
I'd say yes, in a very minor way but tensions between those 2 (USA vs RU) are high....
I think everyone is overestimating how much work is done in the US and not actually in Taiwan (like all other companies) when it comes to R&D and Product Management. "Patriotism" is a moot point in this discussion if you consider all of these companies do their R&D in Taiwan.
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#19
Selene
I tried the new X15 version, it caused some odd problems for me, Outlook Express keep crashing, Titan Fall was getting 0-2 fps could not get a game to launch.

After reading all this sounds like EVGA has went down hill!
Posted on Reply
#20
Patriot
by: Easy Rhino
I really hope Alex gets legal council on this. I won't be buying any EVGA products now.
I kinda hope MSI just hires him and as much as I hate the idea... closes the source on his other tools.
So long as MSI continues to offer its for free... little to no damage done to the community while screwing EVGA over. Don't continue to give them code.
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#21
TRWOV
The EULA for Presicion X 15 is the same as Rivatuner's. The EULA even references Unwinder :laugh: 100% inhouse development my ass. EVGA must truly think we're all idiots.

The sad part is that I'm sure EVGA won't get anything bad from this. Yeah, a few of us might decide to not buy EVGA cards in the future but I don't think that'd make even a 1% dent in their revenue :( That's why companies have zero qualms about doing stuff like this, what can Unwinder do? He's in Russia and pursuing a legal case in the USA is surely out of his reach ($$$).
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#22
Patriot
by: TRWOV
The EULA for Presicion X 15 is the same as Rivatuner's. The EULA even references Unwinder :laugh: 100% inhouse development my ass. EVGA must truly think we're all idiots.

The sad part is that I'm sure EVGA won't get anything bad from this. Yeah, a few of us might decide to not buy EVGA cards in the future but I don't think that'd make even a 1% dent in their revenue :( That's why companies have zero qualms about doing stuff like this, what can Unwinder do? He's in Russia and pursuing a legal case in the USA is surely out of his reach ($$$).
Have you seen the price on their cards.... Yes, yes they do.


and as we have seen in this thread... their followers are cultish and don't care if they steal from others.
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#23
W1zzard
by: Selene
I tried the new X15 version, it caused some odd problems for me, Outlook Express keep crashing, Titan Fall was getting 0-2 fps could not get a game to launch.
That happens when you don't know how to code an OSD
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#24
HisDivineOrder
I've always found eVGA to be shady in their marketing. Sounds like it's spreading throughout the company's whole business...
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#25
Hilux SSRG
Wow. I won't be buying evga products until the company fixes the issues with RivaTuner's creator.

So I guess I'm uninstalling precision and replacing it with afterburner later tonight.
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