JamesSneed :
No we know the truth hence your $60 check. No way if Nivida thought they were in the right or would win a suite they would have done that. Now we may now know why marketing was off from reality but none the less the rebate they gave is proof the felt they were in the wrong on some level.
Well that's like men who settle out of court for sexual harrassment claims who say they did no such thing to the woman accuser, and there was no evidence of such and it was just a he-said vs. she-said for evidence. It's cheaper to settle out of court than fight it in court even if he's innocent.
All I'm saying is that there are only two possibilities that happened here: Nvidia intentionally misled the consumer, or it was a severe breakdown in communication between departments like engineering and marketing. It was a no-win situation for Nvidia as they did market that card with stats that did not match the card. That cannot be challenged.
What could have been challenged or argued was a root cause of the error *if* it was an unintentional internal breakdown. It would not have prevented the wrist slap (payout), but it may have reduced the sentence payout. Like say $10 vs. $30.
Point being, again: it would have cost a lot more to prove it was an error and not intent for consumer confidence. They chose to eat it and move on. Apparently they chose wisely because the 970 was the single most used GPU for some time on Steam.