This is branding and marketing issue. Anyone can implement the spec, it doesn't need to be a cleanroom implementation. It's almost certain that you could license the patents from the patent holders because HDMI doesn't develop it's own patentable stuff, they just get it from Sony, Panasonic, etc.
THIS IS A MARKETING / BRANDING ISSUE.
Saying they don't want an open source implementation is just a smokescreen. 99% of the implementation is in hardware anyway.
So you're saying they could just make the driver compliant without advertising compliance under the hdmi logo? similar to how e.g. oneplus shipped phones without advertising their higher IPX rating because certification would have cost too much, or chinese electronics supporting "tf card" instead of "micro sd card" but being compatible anyways
My point was that the HDMI Foundation/Org isn’t going after hobbyists at home.
But if a hobbyist were to sell an unlicensed HDMI 2.1 box then the IP holder would likely go after them.
In their eyes, in that case, the IP is being pirated.
This is very similar to h.264 however however in that case the standard is public, commercial use requires paying a fee. Licensing of the HDMI 2.1 specification requires an NDA for specification testing that Valve is not able to perform in order to say that it is a HDMI 2.1 compliant system. They would be running afoul of the HDMI org’s licensing terms.