I feel bad about apparently, opening the issue of patents and proprietary information in my response to Niklas on this mailing list. I don't see that Niklas and this group of interested individuals should be discouraged from pursuing the goal of producing free and open-source software. The work should proceed. However, we should be careful about using any known-to-be-proprietary information and signing non-disclosure agreements.
We should also realize that our work is done in the open. The code can be published in the public domain for a review period, when we can ask anyone, including BIOS companies to provide their comments or shut up! Technically, this is already done now. This may circumvent legal claims because they will have to take active role in advance. The burden of proof will also fall on them, in a more significant way and make any legal move much more complicated and expensive. So far, I am not aware of any successful legal claim that was taken against an open-source developer, who originated their code on their own, without copying other people's code.
Many times you may NOT want to reinvent the wheel. Sometimes you HAVE TO. Maybe we should look at developing BIOS specifications of our own, avoiding legacy design problems that plague most existing software and reaching beyond just compatibility with current commercial BIOS. There is no reason to drive the project through code hacking alone. We may want to start by developing the specifications first.
Note: We are now entering a new era where 64-bit machines, probably with more than one CPU will be present on people's desktops and miniature computing devices fit in people's shirt pockets. Wireless networking is also emerging. Maybe this is an opportunity to create something new by transforming the old.
Ron.