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Asus Smacks Gigabyte with a Lawsuit

By - Source: Tom's Hardware | B 40 comments

Earlier this month Tom’s Hardware reported on Gigabyte’s claim about Asus’s energy efficiently features being a blatant lie to consumers. Since then, the two giants have had a very public and on-going spat. However, Asus is now taking this battle into the next round by slinging a lawsuit against Gigabyte and reporting them to the Fair Trade Commission of Taiwan. Asus claims its rival, “Gigabyte, without a full understanding of ASUS’ engineering design and methods, has made false accusations against ASUS motherboards’ EPU features.”

Asus also detailed Gigabyte’s use of misleading photographs of blown capacitors in presentations that led the audiences to believe the product was from Asus to support allegations of sub-par component quality from Asus. However, Asus claims the photographs were taken from a graphics card that is manufactured by a completely different vendor. Asus described its rival’s actions as indecent and “outside the realm of decent competition.”

“While it is common to have competition among companies, the use of the above mentioned methods are defamatory and condemnable. ASUS deeply resents Gigabyte’s action(s)…ASUS takes pride in its innovations, which are measured against the highest standards in the industry at all stages of operation - from project development, engineering, manufacturing to service. Through a combination of the best quality-controlled components and processes, ASUS delivers state-of-the art technology breakthroughs to meet customers’ needs. Every breakthrough is the result of huge R&D engineering efforts.”

As of last week Gigabyte stood by its allegations and was eagerly waiting for Asus to provide more details about the company’s EPU performance. Asus has now launched an official website regarding EPU engineering data on its motherboards. While the new site does provide more in depth information regarding the company’s EPU, it does not however provide any detailed performance or testing data. It’s a slight disappointment in the fact that a lot of users were hoping to see some empirical evidence that would disprove Gigabyte’s claims.

Its ironic that just less than two years ago Asus and Gigabyte were holding each other’s hand in a joint venture to manufacture components. It just goes to show the intense competitive market that these two giants are in now. No details of compensation were mentioned, but more information should unfold as this drama is far from over.

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  • -3 Hide
    1971Rhino , May 28, 2008 12:42 AM
    Well this should be interesting..... I wonder if Giga(bite me)will spend the money to fight, and try to beat the law suit, or just pay for damages in a settlement with one of those disappointing "for an undisclosed amount" type of things.

    I'm not a fanboy of either side. My last build is an EVGA 790i Ultra and my previous machines have been MSI or Epox, but I'm still interested in the outcome. Gigabyte and ASUS seem to be the most popular MoBo makers here at Tom's.
  • 5 Hide
    lzhnasa , May 28, 2008 3:35 AM
    i think Asus is just trying to distract people so that they can get more time on the EPU test and to fix that problem. Go Gigabyte!
  • -2 Hide
    njalterio , May 28, 2008 3:45 AM
    It's pretty irritating to see people display such brand name loyalty to a company that they owe nothing. Particularly "Izhnasa", yes I am calling you out. Why do you support Gigabyte so much? What have they done for you?

    Regardless of whether Gigabyte's allegations are true or not, the way Gigabyte presented themselves while making the claims was very unprofessional. When working with computers I want to know the technical details of my parts, and not the marketing slander that seems to be spewing from Gigabyte. It's unfortunate that there is yet another lawsuit out there, but I can't help but feel Gigabyte was asking for this one.
  • 1 Hide
    mr roboto , May 28, 2008 4:42 AM
    I say we let it play out before making any final determinations. Of course fanboys of either side need not apply since their minds have already been made up. Go honesty! Or something like that.
  • 3 Hide
    kiwi_chuck , May 28, 2008 4:52 AM
    I think if it goes either way it's good for the customer. If ASUS has such problems, they will now be trying to fix them. Plus ASUS may try to undercut Gigabyte to take away sales as a slap in the face for their remarks. I was a long time ASUS customer who has switched to Gigabyte recently because I've been reading about so many problems with new ASUS motherboards. I switched because the computer users were complaining so much, not because the companys were fighting amongst themselves. ASUS was my favorite, but I don't feel I owe them anything if there products aren't the top notch parts that I used to buy from them.
  • 3 Hide
    LkS , May 28, 2008 5:27 AM
    Woah wait a minute.. the motherboard manufacturers have fanboys?! I mean come on get a life. I can kind of understand with ATI and Nvidia but this is like developing an emotional attachment to a washing machine brand... unless.. No! There cant be washing machine fanboys as well!
  • 3 Hide
    z_dori , May 28, 2008 5:47 AM
    the "site" explaining EPU is just a nice PowerPoint Presentation.
    it's a shame that both leading companies behave that way & not focusing on leading the market for better solutions.


    still it would be nice to see benches of the EPU & not explaining.
  • 2 Hide
    Cham , May 28, 2008 6:51 AM
    How can you trust a company that cannot even afford someone who can spell properly? Or afford a simple spell checker? Look at the second last slide in the xxx/epu/ slide show. What is "Output Vltage". Is this also how they program their software?

    Additionally, graphs only make sense when they have values with them. A slope looks good, but what does it mean in technical terms? Look, I have a very steep slope. It is from 1000 to 999....
  • 0 Hide
    lopopo , May 28, 2008 7:07 AM
    Asus kudos on the Sim City 3000 like presentation. The colors and buttons took me back.
  • -2 Hide
    pcgamer12 , May 28, 2008 7:39 AM
    Go Gigabyte! Boo Asus!
  • -1 Hide
    enforcer22 , May 28, 2008 7:56 AM
    ChamHow can you trust a company that cannot even afford someone who can spell properly? Or afford a simple spell checker? Look at the second last slide in the xxx/epu/ slide show. What is "Output Vltage". Is this also how they program their software?Additionally, graphs only make sense when they have values with them. A slope looks good, but what does it mean in technical terms? Look, I have a very steep slope. It is from 1000 to 999....



    wow talk about caring about something that doesnt matter..... BFD. a little common sense goes a long way.

    Anyways i pretty much only buy asus or gigabyte so whatever but they really asked to be sued in my opinion> they will settle im pretty sure.
  • -4 Hide
    mf_fm , May 28, 2008 7:58 AM
    we shall see who gets owned, see whos the real noob here, time will tell.
  • 5 Hide
    Zeroman , May 28, 2008 8:14 AM
    ASUS, we want BENCHIES and LIVE TESTS. NOT explanations. Same with GIGABYTE, whether the claims are TRUE or NOT, can you say UNPROFESSIONALISM? Either way, lawsuits and unhappy customers are sure, whichever side they are.
  • -4 Hide
    houstonserenity , May 28, 2008 8:24 AM
    Maytag all the way GE sucks O wait wrong thread im looking for the washing machine FanBoy blog and Vlog section
  • -4 Hide
    voodoolarry , May 28, 2008 11:56 AM
    i think the whole thing is immature from gigabyte.. if they can't win it by making better products they'll try to win it by playing dirty
  • 2 Hide
    Anonymous , May 28, 2008 12:12 PM
    "i think the whole thing is immature from gigabyte.. if they can't win it by making better products they'll try to win it by playing dirty"

    Ummm and ASUS isn't being dirty by lying to its customers? How is Gigabyte "playing dirty" at all? No crap they're doing this for business gain, who wouldn't call out a competitor's lie or shady practice? Hello?! This is business.
  • 1 Hide
    alantlchan , May 28, 2008 12:34 PM
    ASUS ... the highest standards in the industry at all stages of operation

    At least

    Not quality of products - recently I heard many Eee PCs failed, which seems to be QC problem

    Not support - Just Google and see what you find

    Not trustworthiness - try to fool/mislead again and again

    Not even doing / not affordable to use spell check! (See Cham's comment above)

    So is that highest standard in all stages of operation?
  • 1 Hide
    ctbaars , May 28, 2008 2:32 PM
    MSN today published rules for guys. One was, the author wrote:
    "Be brand loyal to at least one product. It tells a lot about who you are and where you came from. Me? I like Hellman's mayonnaise and Genesee beer, which makes me the fleshy, stubbornly upstate ne'er-do-well that I will always be."
  • 1 Hide
    icanhazcpuplz , May 28, 2008 3:00 PM
    I agree that any form of fanboy-ism for brand A or brand B is just ridiculous; and all this meticulous obsessive nano-scale analysis of PC hardware is also downright ridiculous in the end...
    That being said, I do read lots of those analysis (guilty!), and have read from independent sites, before the public spat began, that the ASUS EPU *failed* under stress, ie: running CoD4 or some other game, the game crashed/BSOD'd, while the Gigabyte using the DES ran without problems, and with less power drain than Asus' boards.
    So far, Gigabyte's claims seem verified by independent parties, and Asus has done nothing conclusive to prove them wrong. Slapping them with a lawsuit while still providing no empirical proof just seems to discredit Asus even more, imho.
    I have owned Asus boards in the past, but my next board, ordered and shipped, is a Gigabyte (EX38-DS4 to be precise).
    (And to Asus' credit, I bought an eee PC and love it!)
  • -2 Hide
    greenmachineiijh , May 28, 2008 3:52 PM
    In all this chitter chatter, I think everyone is forgetting something. Irregardless if Asus is right or wrong in the EPU statements, Gigabyte has no right to make claims in such a direct way about it's competition. That becomes defamation and anti-competition. If it was indeed allowed, or at least morally acceptable in the industry (or any industry), that direct competition could test and make their own claims against their competition then I think it would be going on a lot more AND there would be substantially more lawsuites for misrepresentation and defamation.
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