[slightly rephrased] The issue with source code is that most don't compile their OS so the benefit they receive from having source code is mostly intangible. I think for most people it's far more important to have a CPU that executes a popular OS (ie. Windows) than to have source code. Similarly, most users receive intangible benefits from having access to the wiring diagrams, as they will never modify it.
I have long argued that software and hardware are the same from a source code perspective. Have you ever looked at the source code for a CPU? I have (many CPUs: ARM, Intel, and more). It's just code like if/else statements and assignments. Just like C (plus the extreme concurrency). Manufacturing? Yes, it's an issue. In theory, I could wave the FPGA argument, although it's not a practical solution.
Didn't sun "open source" sparc? Doesn't ARM succeed partly because their licensing is more "open"? Now that the necessary software is mostly open I wouldn't be surprised to see people moving down the stack into firmware and hardware.
I'm sure that you know this, but "open" and "patented" are not mutually exclusive. Lots of codecs are "open source" but you can't use them commercially without paying money to someone (e.g. MPEG-LA).
I have long argued that software and hardware are the same from a source code perspective. Have you ever looked at the source code for a CPU? I have (many CPUs: ARM, Intel, and more). It's just code like if/else statements and assignments. Just like C (plus the extreme concurrency). Manufacturing? Yes, it's an issue. In theory, I could wave the FPGA argument, although it's not a practical solution.