They're thankful for the extra sales but they keep the driver in beta so they don't have to give proper support.
In that case it is perfectly understandable that people will hack their firmware to make the cards work better with the old Mac Pro.
It is more likely the economics that the market hurt is...nil. The users that do not get a flashed Pascal card will not go out and buy a supported Quadro simply because of the price tag. There is no loss that Nvidia feels directly, so there is not much incentive to care. Older patches are public so limiting access to them is especially in the US very hard and absolutely not worth it.
You can be sure that he's implemented some measures to prevent average joe from dumping his ROMs and flashing it to other cards.
It is not that complex, especially if you have access to design partner tools (these boost clocks go into the card at Asus and not Nvidia, and Nvidia does not really offer high level binned SKUs so you'll end up with dev hardware to do this as well). They are not really restricted by logins/server based or written in a way that allows the result to be trackable - the average ranked LN2 GPU overclocker probably has a bunch of them.
HE cannot really implement much anyway because else you pretty much imply he has source code and compilers, which would certainly violate Nvidia copyright...
The NVIDIA Web Drivers (from what many understand) are written to support reference designs, not those variations
The Nvidia web drivers are written to support specific GPUs, not card designs (which it is barely aware of outside of boost clocks/voltage) - the fan(s) and pump (if any) can be affected by this, but not how the card works ultimately - the DIE goes direct to the PCIe slot in the end. This is not rocket science and Nvidia is very restrictive what board partners can do.
Some E-bayer does it, but i don't know if MVC dumped one or not.
He apparently tried to bully some claiming copyright which especially on GCN cards is far fetched considering you could, uh, patch it yourself (yea i know the origin of the patch, but it does not matter).
For EU this is pretty irrelevant as the copyright claim for the changes, changed ROM, or pretty much anything is just not how our copyright law/legal system works, and i still stand to my claim that i happily want to see this in court.
What he does is IMO not exactly US illegal at this time, but claiming copyright is along with the charged prices and crappy service just bad.
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Let's also be clear - the EFI is not just changed by a few bits in most cases for Nvidia; sometimes things come from the Quadro line which under US law might qualify as stolen total, not a new product by own changes.
He is certainly not the only one that can patch Pascal cards (
uhhh), but the ones that can do not want to touch selling or even releasing the patches as the legal complexity is just... not worth the time and effort.
Commercial usage (selling patching services, or patched cards, or even the patcher) on GCN is also legally questionable since the source are again Mac edition cards and you do *not* just change IamMac=1 in your existing.