5 ms·

I wonder how are they dealing with nvidia EULAs about using geforce series cards in datacenters. Maybe that is the issue?

Donald 7y ago
They use older cards without the restrictions.
- mciancia 7y ago
  From what I see, first news about that EULA change is from end of 2017, so far before current gen cards were introduced
- ntenenz 7y ago
  The EULA is attached up the drivers. Newer versions of CUDA often require newer drivers, so you bump into the issue regardless of when you buy the GPU.
KaiserPro 7y ago
1080s are much harder to buy now, perhaps its taking time to find and qualify 2080s
mugsie 7y ago
probably just ignore it, they are unenforceable in the EU afaik (which is a good thing - if I buy a piece of hardware, I will do what I want with it).
dragandj 7y ago
I've read somewhere (maybe in HN comments) that these kinds of clauses can not be enforced in EU. Hetzner operates out of Germany.
- etaioinshrdlu 7y ago
  Yes, I wonder how sure HN is about this however!
hotdox 7y ago
They don't install drivers into servers, you have to do it by yourself. EULA attached to drivers, not hardware
pantalaimon 7y ago
Courts in Germany have ruled that you can not add additional clauses to a contract after the contract has been signed, e.g. the purchase has been made. So unless Hetzner is buying directly from nvidia, nvidia has no way to enforce such a clause. And when I buy a nvidia card at any retailer in Germany, I will not have to sign a contract that obligates me to not use it in a data center - heck I can just take the box off the shelf and pay in cash without having to sign anything. So anything they put into the EULA is void as it is only known after the time of purchase.
- pbhjpbhj 7y ago
  It's so good to hear when a legal system gets things right for consumers.
  - Proven 7y ago
    A good legal system is supposed to get things right, whether it's for consumer or producer.

Donald 7y ago

They use older cards without the restrictions.

mciancia 7y ago
From what I see, first news about that EULA change is from end of 2017, so far before current gen cards were introduced
ntenenz 7y ago
The EULA is attached up the drivers. Newer versions of CUDA often require newer drivers, so you bump into the issue regardless of when you buy the GPU.

KaiserPro 7y ago

1080s are much harder to buy now, perhaps its taking time to find and qualify 2080s

mugsie 7y ago

probably just ignore it, they are unenforceable in the EU afaik (which is a good thing - if I buy a piece of hardware, I will do what I want with it).

dragandj 7y ago

I've read somewhere (maybe in HN comments) that these kinds of clauses can not be enforced in EU. Hetzner operates out of Germany.

etaioinshrdlu 7y ago
Yes, I wonder how sure HN is about this however!

hotdox 7y ago

They don't install drivers into servers, you have to do it by yourself. EULA attached to drivers, not hardware

pantalaimon 7y ago

Courts in Germany have ruled that you can not add additional clauses to a contract after the contract has been signed, e.g. the purchase has been made. So unless Hetzner is buying directly from nvidia, nvidia has no way to enforce such a clause. And when I buy a nvidia card at any retailer in Germany, I will not have to sign a contract that obligates me to not use it in a data center - heck I can just take the box off the shelf and pay in cash without having to sign anything. So anything they put into the EULA is void as it is only known after the time of purchase.

pbhjpbhj 7y ago
It's so good to hear when a legal system gets things right for consumers.
- Proven 7y ago
  A good legal system is supposed to get things right, whether it's for consumer or producer.