I think patents are not the issue. If you try to build off 20 year old expired tech we're talking about pentium era technology. We've already got more freedom-friendly tech we can build off without going that route.
I think your missing something big. It's less relevant what the architecture
is. What is important is that we can build off it, it be free, modern, and we
end up with a design that can be cost effective and cheaply adaptable if
something better comes out (ie not ARM, but something else). However I think
people are underestimating the power of ARM anyway. While any initial design
would likely be considerably less powerful than what we expect today it's
where the tech is going that matters. ARM is catching up as the majority of
computing devices use it over Intel or AMD CPUs. Most devices manufactured
today are not X86. They're cell phones, tablets, and similar devices that are
built off ARM.
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