Earlier quoted context omitted.
Patents for what? Algorithms? I've heard similar arguments/excuses made before, I'd like to understand if there's any legal precedence for them, or if it's more of a hypothetical risk. Lastly, with the 'supply of documentation' approach, does this (to your knowledge) carry the same legal risks?
The API would expose what IP cores are inside the GPU. A competitor could easily dissect the code and figure out what blocks and/or techniques are violating their patent rights.
How would an open-source driver developed by a third party be less effective at doing so?