[hatsunearu]

You don't even need to tell the protocol.

We had this issue with D.star where it was an amateur radio digital protocol in which they didn't tell how to encode or decode. Brought up at an FCC hearing and deemed completely legal.

This can't be right. IIRC you have to publish in a public place how your code works, and I believe the D-STAR specs are public; its just that any implementation is blocked because of copyright or whatever dumb crap.