How might we implement such an approach. It would probably require two separate mail lists. One for the group to reverse engineer the other BIOS and a second for the group creating the new BIOS. The could be no communication between the two groups about the BIOS's other than the "identified functions."
It would require a rigid protocol. E-mail is not likely to be an acceptable record of communications. Rigorous note keeping using traditionally accepted methods would be essential. Those participating in coding would have to be able to swear out affidavits attesting to their complete prior ignorance of BIOS coding.
There are paper notebooks which serve well for documenting developments which are potentially of legal importance. One supplier is the Laboratory Notebook Company. The notebooks are stitched, the pages are gridded and numbered, and each page provides space for the author and a witness to sign and date. I've used these on projects for over 20 years, and they are generally adopted as a standard in companies where patentability is a consideration. They should be equally useful in documenting freedom from infringing practices.
If we are to take this route, then perhaps it is best we split soon to avoid the process of legal "contamination."
True enough, but the split can't be based merely on people's preferences. Coders have to be free from any prior knowledge of BIOS source code. Many won't like this, but there is no other way I am aware of to keep the group legally untainted.
Legal advice would be essential. A lawyer (with considerable knowledge of trademark, trade secret, and patent law) should draft a protocol, and should also specify the considerations for membership in the coding group.
One question which occurs to me is whether there is still the potential for problems from 3rd party contributions subsequent to publication of an open BIOS. After all, the intellectual property of IBM, Phoenix/Award, and AMI will persist.
Now the question is whether a geek lawyer can be found who would be interested in contributing his or her services to a non-revenue open BIOS.
William Meyer
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