"non-open standards" have always been legal. The point is whether you need a special code or other key to receive it, ie, can the FCC pick up
I remember once upon a time a couple of hams were running RTTY on 2M using a non-ascii code. Back then the take was that as long as both parties kept a record of the coding being used and had same readily available for inspection in their station records that it was OK. That and 42cents will buy you a senior coffee at McDonalds, UNLESS you bring doughnuts on Fridays, and then my sweetheart, the manager buys the coffee. Probably better to move on to coffee and pastries and leave the laws to the lawyers, Steve
