When should we require that firmware be free?

Original Article ↗ Hacker News Discussion ↗

Scope of “Free Firmware”

  • Views range from “always, by law” to more conditional:
    • Mandatory freedom when devices are no longer manufactured or supported.
    • When critical functionality depends on cloud/online services, or when taxpayer-funded.
    • Some want it always available, others only after warranty or a paid “support registry” period ends.
  • Middle-ground ideas:
    • Require an open, minimal firmware/bootloader and hardware APIs, but allow proprietary “algorithms” on top.
    • Allow vendors to keep code closed if they provide a supported path to install open replacements.
    • Treat hardware schematics/docs as the minimum if firmware remains closed.

User Rights, E‑Waste, and Longevity

  • Strong sentiment that buyers should be able to reflash and keep using hardware indefinitely.
  • Many examples of otherwise-working devices bricked by abandoned firmware or servers (phones, consoles, smart TVs, baby monitors, DRM games).
  • Some argue destroying usability should be considered damage to property; others note software is usually licensed, not owned.

Legal and Practical Obstacles

  • Third‑party proprietary components, NDAs, patents, and radio regulations (e.g., baseband firmware) complicate forced open-sourcing.
  • Disagreement on whether laws could simply override these constraints or would effectively ban much current hardware.
  • Concerns about bankruptcy, SaaS-hosted repos, and lost source; proposals for source escrow with regulators or libraries.
  • Debate over tying copyright protection to source release and shortening copyright terms.

Support, Warranty, and Abuse

  • Manufacturers fear support/RMA costs from user-modified firmware and users lying to get replacements.
  • Proposed mitigations: easy factory reset, explicit “software vs hardware” warranty separation, or physical actions that clearly void software warranty.
  • Others argue modders are a tiny minority and their support impact is overstated.

Cloning, Competition, and Markets

  • Open firmware can enable cheap hardware clones that undercut originals; examples from hobbyist electronics.
  • Some say trademark law should handle counterfeits; others note practical unenforceability (e.g., dropshipping, China).
  • Philosophical split between accepting cloning as normal competition vs viewing it as unfair exploitation.