Are you actually complaining about the GPL license? kjj is absolutely correct. Avalon took GPL source, modified it, and failed to offer the source. That is a violation, plain and simple. It doesn't matter if they promised to release it later. It doesn't matter if they are giving up trade secrets to release it. If they don't like the terms of the GPL, they shouldn't have used GPL source. But they did use GPL source, and they have violated the license.
What I'm pointing out is that kjj is preaching from the Free
Software Foundation bible in the church of
Hardware.
The actions that make sense in software business are frequently suicidal in the hardware business. This is because of the cost structure: hardware is mostly front-end-loaded, whereas software is mostly back-end-loaded.
Yes, Avalon made a mistake by using a code requiring GPLv3 compliance. They should've designed a separation layer like many hardware vendors that support Linux. But the Avalon team is young and inexperienced and they didn't design for that.
My position is that rational supporters of Bitcoin would attempt to come up with some middle-of-the-road solution to safeguard the existence of viable competition of multiple vendors in the Bitcoin ASIC business. What I see is almost exact opposite: they are asking Avalon to nearly commit suicide for the sake of an ilusory freedom. Ilusory, because for the gain of few pages of source the whole Bitcoin ecosystem is paying the price of severely disadvantaging one of the ASIC vendors, to the point that in the next iteration we could have a monopoly.
The rational behaviour would be probably along several possible lines:
a) disclose the code only to Jeff Garzik. He's professionally involved in Linux kernel development and may be able to offer some useful advice on how to both comply with GPLv3 and TSMC/whoever-else NDAs.
b) offer to escrow the code with Bitcoin Foundation and have a programmer at B.F. to produce an obfuscated code that complies both with GPLv3 and NDAs. There are already multiple precedents in escrowing the information with Gavin Andresen, but thus far the escrow was security-related.
c) I personally think that the "binary blob" workaround isn't viable here for purely technical reasons. But I may be wrong. Maybe somebody willing and able to sign the NDA could help Avalon to develop such a solution.
d) take a chill pill and make Avalon folks pinky swar that they disclose the required information
after the competition shipped and
after the subsequent batches are locked in with TSMC.
But this thread isn't about being rational. It is about militancy, a very short-sighted militancy of playing open-face chinese-rules poker at the traditional-rules poker table.
Think for a moment: What would Richard Stallman do if he had a single tapeout to his name before he received his MacArthur Fellowship? We wouldn't have a Free
Software Foundation. We would have maybe a Free
Logic Foundation or Free
Computation Foundation or something else. But I believe that we would be better off: maybe we could have open-source processors and disk drives in our open-source computers.