In other words they're not going to fix it ?  Screw Nvidia I'm going to sell my card if they do not offer fix or refund

P/S: I notice you have SLI GTX970. I think you are the worst victim here. Most affected person in this problem is SLI GTX970.

Benchmark is useless because FPS and stuttering is different. On some games you may have high FPS can get bad stuttering until cannot play. All depends on games, and GTX 980 aren't affected.

Nope. But from across the internet, SLi user are affected the most because they thought they wanna run multi monitor or 4k setup.

Some example like Far Cry 4, COD Advanced Warfare. You must set the settings to use lower than 3.5GB VRAM or you'll get stutter. Single card stutter isn't bad but in SLI it's worse.

The worst part is, most people went for GTX 970 SLI because it was the best performance per cost at the time, now they got ******.

It's not because of unoptimized driver, it's caused by using over 3.5GB VRAM and cause spikes in frametimes aka stutter. GTX980 have no such thing when ran the same thing. Both using the same driver.

Seriously go read some reviews on this issue on many sites like Guru3D and PCPER.

Performance is affected by:-
a) game played
b) game setting

Again, you have to define fixed.

1) Do you mean fixed like fixed it become real 4GB memory?
Answer: Nope
2) Do you mean fixed like fixed the performance issue?
Answer: As always, nVidia will improve the performance of its driver to increase the performance of its card in games.
But based on this:-

Seems like there will not be a special patch/ROM/driver fix for the specific 3.5GB/4GB issue.

So there you go.

Concluding

Our product reviews in the past few months and its conclusion are not any different opposed to everything that has happened in the past few days, the product still performans similar to what we have shown you as hey .. it is in fact the same product. The clusterf*** that Nvidia dropped here is simple, they have not informed the media or their customers about the memory partitioning and the challenges they face. Overall you will have a hard time pushing any card over 3.5 GB of graphics memory usage with any game unless you do some freaky stuff. The ones that do pass 3.5 GB mostly are poor console ports or situations where you game in Ultra HD or DSR Ultra HD rendering. In that situation I cannot guarantee that your overall experience will be trouble free, however we have a hard time detecting and replicating the stuttering issues some people have mentioned.

If that conclusion make you feel any better, then good. Some people just don't like being cheated. Also this is effectively 3.5GB card.

On GTX 980, Shadows of Mordor drops about 24% on GTX 980 and 25% on GTX 970, a 1% difference.  On Battlefield 4, the drop is 47% on GTX 980 and 50% on GTX 970, a 3% difference.  On CoD: AW, the drop is 41% on GTX 980 and 44% on GTX 970, a 3% difference.  As you can see, there is very little change in the performance of the GTX 970 relative to GTX 980 on these games when it is using the 0.5GB segment.

That is probably why in the first place, nVidia decided not to tell us about this configuration.

They probably thought, well, the performance hit is not noticeable now. We better don't tell all. 

Oh shit expect massive boycotting soon

erm , u2913wm not exactly 1080p or 1440p per se but still it requires more than just one 970 to play fluidly on ultra with all eye candy on.

No problem with frame rate as I mention all the time . It's just the frame hitching is unbearable , battlefield 4 stop stuttering now  , Dying light gawd awful , Realm reborn once in a while but that's an mmorpg so it could be cpu wise , far cry 4 after new driver update works smooth as butter and ass creed unity is horrendous as usual .

Almost forgot the MGS Ground zero demo also face with stuttering issue . Makes me think twice to retain this card for GTA V . Yes , its my call to sell it but it's sad that NVIDIA back tracking their statement and not taking ownership of the issue . I dont believe on fanboyism but more to consumerism . People would say oh the perfomance is not that bad as per review your not going to get affected that much due to missing 500mb ram but you will know once you experience it yourself .

The card just doesnt like it when being push more than 3.5gb ram than its started to choking

thanks for the advise done 

here is zotac latest reply , they never acknowledge tomshardware  these websites review and help sell their products what stupidity is this 

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That's not the point.

People in the US/EU are getting FULL refund on their 970s. Sites like Amazon and Newegg are also throwing in an extra $50 discount card for future purchases. Selling at garage sales here means selling as second hand, that also mean you're getting less back.