[nine_k]

Can hardware be protected (and defended in court) if copycats just copy a device wholesale?

If they construct a new device but reuse the firmware, it's sort is the point of having open firmware.

[wtallis]

Open-source firmware wouldn't exactly be the same thing as public domain firmware. And even if a product's firmware isn't getting the benefit of copyright protection, the product as a whole can still be protected by patents and trademarks.