It isn't that easy. The "Tamper-Proof Torx" screws on a vacuum cleaner or a toaster won't stop anybody from opening up the thing, I mean every little hardware store stocks those Torx bits. But by using a slightly odd screw, the company can say "look, we'we done all we can to stop them, but the user bypassed our security device, and it's not our fault".ROFL! Well, since a lot of screwdriver types are easily available, I don't think a judge could agree with 'em...
Apparently Intel and Atheros are trying to protect themselves in a similar way, they Open Source everything except for the regulatory daemon (Intel) or HAL object file (Atheros). Why? Because they belive that if they give away the sources to those parts they do the software equivalent of putting a normal Phillips screw in a home appliance. (Personally I think what they are doing is ridiculous, but apparently those companies' lawyers dont' agree).Well, then why close the driver? Simply place the check in the firmware. Much harder to find, since it have to run on proprietary HW. The OS driver instead runs on standard (and usualli well-known) HW.
so hiding the source really doesn't help.Well, we all agree on this... Now we just have to make THEM agree, too...