Even the NDA'd docs usually aren't good enough in the case of ESS.You could get permission to release source code based on the docs. I got that from 3Dlabs.
They actually have NDA'd docs that they give out that *still* don't have enough info to write a driver (IE they take the internal docs, and remove important pages).
I know a person who used to work at RedHat who got the NDA'd docs for the various ESS chips, and still couldn't write a driver. He ended up taking one of the ESS engineers out to lunch and got the info that way.
:)
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