IMHO, kindof.
If you ask group 1 to make a card, and group 2 to document the card - it's possible for something to go wrong. "Bad stuff happens" /shrug.
However, this was a major launch of a new card, and this feature appears somewhat key to how the 970 was going to be received by customers - if it didn't work, then the card would be a turkey. (and I assume "suits" were watching the reception to determine if this technique should be used in future cards)
So, whilst it's entirely plausible that the documentation group made an innocent mistake, it seems rather implausible that NVIDIA didn't realise this when the reviews appeared...
Yeah that makes sense, I'm finding it hard to decide in my head from all that I've read, haha.
It is shitty, but you know what guys, ever since my Geforce 2 MX440 I've had zero issues with any of their hardware so I will give them this one. If true it's certainly not the first time a corporation has lied and it won't be the last.
I guess this pretty much guarantees this won't happen again in the future as well, which surely can only be a good thing!
I'm talking to Novatech now on their support chat and putting the feelers out there to see if they are doing refunds/step ups or whatever.