Keep in mind that if you patent your hardware
innovations, you're free
to release an open source driver and no one can rip you off - for
example Creative did this with the emu10k1.
Considering how broken I consider the US patent system, or really the
idea of most software patents, this does nothing to improve my thoughts
on this situation.
I think making it difficult for people to write drivers for their
hardware to be used on Linux is a mistake. if they consider their ideas
innovative enough to keep a driver closed source we may as well kiss the
thought goodbye, RME Fireface for example. We arent spurring innovation
in that sense, we are driving it to other platforms. Admitedly RME
didnt write any of their drivers, however IMO they proved they arent
against working with us(Linux community) but some things get taken a bit
far IMO.
Seablade