It will be interesting to see how this lawsuit falls but either way the lawyers will get 90%+ of the money. I have a friend with 2x 970's in SLI, he hasn't had any issues but none of the games he plays will load more than 3.5GB of textures into memory, however this will change over time and people who bought these thinking that they were actually 4GB of full bandwidth are right to be upset. When you actually max these cards 4GB of RAM out (or close to max) you will see stuttering when it accessed the slower memory. Hopefully DX12 will mitigate this by combining GPU resources instead of how current SLI/Crossfire works where the same textures needs to be loaded into each card, but this will only work for SLI setup's and will do nothing for people with single cards (the vast majority)