Thanks for the response and I'm sorry for taking so long to respond myself, and dragging this out further but I would like to take the chance to make the argument in favor of Open Sourcing the firmware which seems to be where the IP issues would come in. It seems it's been requested but not a lot of people have explained what it would be or why they want it.
I think to start with I'll explain my understanding. It seem that it'd be fine to give us the protocol if it didn't expose information about the firmware, which would expose sensitive IP.
I'm biased towards Free Software so maybe this is me assuming what I'd like but seems to me it would be a big deal to open source the Driver if it didn't have information about the USB protocol. Even though it took a lot of time and resources to make no one paid for the driver, it's unlikely to move to a subscription model, more people having the driver than bought the mouse isn't a problem and assuming you open sourced it with the GPL License (my preference were I choosing) anyone who forks it would be required to provide the source, including modifications to customers when requested so you'd be able to get the modifications and improvements other companies or the community make to the driver. So it doesn't cost anything and there might even be room for gains.
I'd argue the same is true for open sourcing the firmware. To start with I think that anyone who could gain enough information to cause IP issues from the USB protocol could probably dump the firmware or monitor the USB hub and reverse the protocol. Even if they did get info about the protocol, or the firmware itself and ripped a mouse open to reproduce the hardware too, I imagine it'd take quite a long time and resources to design, fabricate, assemble market and ship a product even after all that something with a feature set identical or substantially similar to the Swiftpoint Z seems like it would stand out. I don't know too much about hardware IP but I also imagine there's a number of patent and economic protections to stop people directly or too closely ripping off existing products. That being said if you GPL License the firmware it may seem like you're practically asking people to rip off your design. That could be a worry but the firmware is probably fairly specific to the hardware, and they still need to design, build, market and ship that hardware. Chances are that they'll have to abstract away the hardware or modify it to use their specific hardware. So they saved some time and resources in the development but they're required in the terms of the GPL to release the changes to customers on request. So you can take advantage of those changes (hopefully improvements) and reduce your development burden in the future. That being said the majority of the time when stuff like this is opened it just make a bunch of enthusiasts on the internet happy because they can change their mouse firmware and know it'll still work even if swiftpoint drops support at some point.
All that being said to argue there's probably no downside and potentially an upside, I'd personally like the firmware open sourced so that I can write my own linux client and program my own macros or make my own image to display on the screen or my own color patterns, maybe use the color to tell me if I have waiting email who knows. All things that I would release back were it open sourced and also might not be a priority for swiftpoint devs.
I'm definitely on the side of open sourcing all the things but it seemed people asked for open drivers but didn't really make the case for it. There's a bunch of different licenses with different rules about copying, integration and special commercial clauses too. It might seem weird to give away something a lot of time and resources were spent on but I think it's worth pointing out that you're already giving it away for free, anyone can download the driver and the firmware, it just doesn't benefit them without the mouse. Throwing the source up on github doesn't benefit anyone who doesn't have a compatible mouse, and if they did have one, you give the software away on your website anyway.
Anywho thanks for reading I appreciate it and I really like the Z and the improvements to the driver have been great.