Comment Re:Class action? How about criminal offence? (Score 1) 700
Of course they are perfectly entitled to offer such a defence, and if they've got sufficient evidence to create reasonable doubt about their guilt then they should be acquitted by the court like anyone else.
Somehow I suspect that if this ever gets to a court, that will not be the case, however. If the reports of what's happening here are anything close to accurate, it seems that a significant amount of code has been written specifically to determine whether a component is a genuine FTDI one or someone else's, that the new driver is actively doing something that impairs the operation of only one of those types, and that anyone with the slightest experience programming in this context would readily know these things.
It would take an impressive lawyer to overcome those (presumed) facts, and it would probably be quite difficult to cover up the entire development process and related documentation to make this look like an accidental side effect if it was actually a deliberate decision.