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ATI refused PhysX in first place, one of the guy from ngohq modified the driver that made PhysX cards work with ATI card, and he even got support from NVIDIA. I believe now he got a job from NVIDIA.
Before they can do that, they probably contact NVIDIA first, and I mean if they really want to put PhysX logo on their boxes, which I think they never want to.
imagine how ATI get sued for putting a physX logo on a 5870 box, if nvidia didnt get royalties. free to use the software, is not the same as 'free to sell hardware advertising it to work with our stuff'
Before they can do that, they probably contact NVIDIA first, and I mean if they really want to put PhysX logo on their boxes, which I think they never want to.