Richard Salz wrote:
I would expect hardware designs to be treated more like hardware than software.
That's an interesting observation, raising the issue of what is "speech" vs hardware.
When I looked into this issue, I found the "Common Criteria" certification methodology as evidence that "speech" covers everything from the most high level abstract design description to the most concrete representation of the hardware that you would look at, e.g. for security certification assurance that electronic gates are properly positioned by the Computer-Aided-Design tools. Hence, any information is "speech", and if it's in the public domain, I would expect an export control exception would apply. Only the actual silicon, and non human-readable dies for the silicon, would be hardware.
Otherwise, I see no legal base to locate a cut-off point between "speech" and hardware in the process of design refinements leading to the actual processor.
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