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Asus Smacks Gigabyte with a Lawsuit

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8:00 PM - May 27, 2008 by Kevin Tu

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.

Source : Tom's Hardware

Talkback
Add your comment
1971Rhino 05/28/2008 2:42 AM
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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.

lzhnasa 05/28/2008 5:35 AM
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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!

njalterio 05/28/2008 5:45 AM
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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.

mr roboto 05/28/2008 6:42 AM
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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.

kiwi_chuck 05/28/2008 6:52 AM
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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.

LkS 05/28/2008 7:27 AM
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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!

z_dori 05/28/2008 7:47 AM
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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.

Cham 05/28/2008 8:51 AM
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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....

lopopo 05/28/2008 9:07 AM
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Asus kudos on the Sim City 3000 like presentation. The colors and buttons took me back.

pcgamer12 05/28/2008 9:39 AM
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Go Gigabyte! Boo Asus!

EnFoRceR22 05/28/2008 9:56 AM
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Cham :
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....




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.

mf_fm 05/28/2008 9:58 AM
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Zeroman 05/28/2008 10:14 AM
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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.

HoustonSerenity 05/28/2008 10:24 AM
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voodoolarry 05/28/2008 1:56 PM
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Anonymous 05/28/2008 2:12 PM
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"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.

alantlchan 05/28/2008 2:34 PM
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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?

ctbaars 05/28/2008 4:32 PM
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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."

ICanHazCPUPlz 05/28/2008 5:00 PM
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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!)

greenmachineiijh 05/28/2008 5:52 PM
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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.

lzhnasa 05/28/2008 6:01 PM
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Quote :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.


Wait a minute, i'm a fan of Gigabyte? Anyways, for this particular case, i'm supporting Gigabyte. I don't know whether the result from Gigabyte is true or not, but base on Asus's response, i'm pretty sure Gigabyte is right. What Asus has done was just to avoid that problem or to fix that problem. A lawsuit is a must for Asus. They had to do something to distract people. So clam down. Be reasonable!

However, i don't care whatever marketing strategies they use for each other. Competition is competition. If you fail, they are happy.

ICanHazCPUPlz 05/28/2008 6:12 PM
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greenmachineiijh wrote:

Quote :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


Huh? Where have you been living this last life? You've never seen a commercial of truck A pulling away faster than truck B? Spray A claiming to better deodorize than Spray B? With A and B being explicitely named? Really? (do you watch *any* TV at all? go out some?)
AMD claiming better perf than Intel and vice versa? Really never heard of such things?

kansur0 05/28/2008 6:29 PM
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Gigabyte should have called Tom's hardware or some other independant equipment tester to verify claims regarding ASUS shortfalls before making public statements. That way tests are done by an independant and non-biased source. If the findings are correct then ASUS would not have a leg to stand on. If this process was in place they would not bother to make false claims because the egg would be on the face before they even attempted to think of slinging the egg at someone else.

snajper69 05/28/2008 6:53 PM
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I love my Whirpool washers lolllllllll everything else sucks :) I will make my own MOBO next time lol hahaha. Who cares give me the best deal performance vs. price and I will buy your product. Energy efficient? Who cares since when US is energy efficient don't make my lough. Wow i will save 40 a year on electricity and blow the money a way in casino or Dunkin Donuts lol hahaha. Both ASUS and GB are acting like two kids from the same playground fighting over who uses the swing first lol hahaha. No matter who wins it still won't make me reacher lol.

grieve 05/28/2008 7:59 PM
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I can’t see how either company will come out a winner in this and Asus’ reputation is tarnished either way.

Everyone is working hard to discredit the competition instead of focusing on improving their own product. Unfortunately these “discredits” are becoming common practice throughout the industry…

Frankly, I for one am tired of being deceived and/or lied to with false claims from manufacturers. If Gigabyte wins this battle with Asus I will never own another Asus board. The nail was half way in the Asus coffin when I installed my Striker Extreme. ($350 POS)

Go Maytag

grieve 05/28/2008 8:30 PM
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Snajper69 I agree energy savings mean nothing to me here in Canada.

We should consider that we do have an energy shortage world wide. Although “energy efficient” components equal a minimal savings to us as individuals, if we all went energy efficient with everything we bought we would be in a much better global situation. A little here and a little there adds up HUGE.

Think Green! :)

spongebob 05/28/2008 9:52 PM
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greenmachineiijh :
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.

WTF? Gigabyte has EVERY RIGHT to make the direct claims they did, IF they are true. If their claims aren't true, they deserve what they get in court.

spongebob 05/28/2008 10:04 PM
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kansur0 :
Gigabyte should have called Tom's hardware or some other independant equipment tester to verify claims regarding ASUS shortfalls before making public statements.

Not necessarily. If the claims are true, review by an independent source doesn’t make them any more true.

Conformation by an independent source would have been nice, but the more I think of it, how would Gigabyte swing that?

“Hello, Mr. Editor? We have some dirt on our competitor, and we’d like you to confirm and publish our findings. Whazzat you say? Not interested in getting dragged into a legal fight, eh? Hmmm…. and you think they might ask questions if you ask them for product to test? Oh, and they advertise on your site? Ok, sorry to bother you, thanks for your time.”

royalcrown 05/28/2008 11:55 PM
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Hey, if some company is outright lying, I'd rather have the competition tell me than to get suckered ! If indeed it's true then why shouldn't gigabyte say it's crap, and it works both ways, if ECS said gigabyte was lying on their CPU support and it's true, then it's good for us to know this. I'd rather have a little unprofessionalism (as long as it's true).

ICanHazCPUPlz 05/29/2008 12:12 PM
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Quote :Gigabyte should have called Tom's hardware or some other independant equipment tester to verify claims

Actually there ARE some independent sites who have confirmed this, and they have done so BEFORE Gigabyte went public with their findings.

Quote :Energy efficient? Who cares since when US is energy efficient don't make my lough. Wow i will save 40 a year on electricity


Yes, I agree, it really makes me laugh when people tout all the money they'll save, buying a $2000 PC to shave $10 off their electricity bill.
"Yeah, but if I run 10 instances of Prime95 24/7..." pfff, if you do that you're a douche. It might make a difference for datacenters and such, but not for individuals.
However, for me "energy saving" = less heat in the case = less fans = less noise, and that IS important to me - the PC is on 24/7, not running Prime95 mind you, but it's in the living room: I don't want the noise of a vacuum. And if I save $10 a year on electricity, well, "yay".
Putting better insulation on my windows would probably save me more than $200 a year on heat, that's what ppl should be thinking when going green... Not buying a mofo SUV or 250+ hp car is going green, buying a 'green' motherboard is sadly insignificant in the big picture.

hellwig 05/29/2008 12:29 PM
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Did ASUS ever address the particular model or revision of EPU that Gigabyte claimed was defective. If I recall, ASUS' original response was saying that version Y works just fine, but Gigabyte was originally claiming that it was version X that didn't work. In order to sue for libel or slander, you have to prove that the offender was deliberately spreading false and harmful information (i.e. provide evidence to the contrary of Gigabyte's statements). You can't just sue someone cause you don't like what they say, the truth may hurt, but that doesn't make it illegal.


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