It is axiomatic that wires cannot be copyrighted. In that sense, all hardware is "open source." The only part of an electronic device that can be protected is the software.
If a device is made from commercially available chip there is no reason you can't copy it. Remember, the IBM PC was made from commercial chips and once the BIOS functionality had been replicated the IBM "clone" business was created.
So as long as the BIOS and OS is open source, the whole project is open source.
Paul
