if you are developing your own hardware, you provide your own stack to avoid lawsuits with nvidia. i don't think it's a technical problem at all, but a legal one. this is probably why zluda was scrapped by AMD and Intel. Nvidia technically bans the creation of CUDA reimplementations in their TOS if i remember correctly
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Doesn't Google v Oracle provide protection here? Copying APIs is fair use.
If it's patents that are the problem then presumably all these large semiconductor companies have defensive parent portfolios.