It's unfortunate that the hardware isn't open source, but I think he's technically right that his board is not an Arduino derivative from a legal perspective.

It's unfortunate that the hardware isn't open source, but I think he's technically right that his board is not an Arduino derivative from a legal perspective. "I initially built the prototype with an Arduino board. Later I got my friends designing the NyBoard, a customized PCB based on ATmega328P. We will release the BiBoard, another board based on ESP32. They both support the Arduino IDE but are not using Arduino's brand"