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You are incorrect. The documentation supplied with the C64 detailed schematics and ROM routines:

C64: http://www.classiccmp.org/cini/pdf/Commodore/C64%20Programme...

C128: http://www.pagetable.com/docs/Commodore%20128%20Programmer's...

Did they give you copyright and patent licenses allowing you to do whatever you wanted with their tech? Or did a cloner have to hope the company would take no legal action?

Because that's still not equal to an open-source design where the licensing eliminates such risks.

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