The problem is that firmware is software. It is also legally recognized as software and gets the appropriate protections. However, it is functionally hardware i

The problem is that firmware is software. It is also legally recognized as software and gets the appropriate protections. However, it is functionally hardware in that it determines what is possible and in its often astonishingly low level -- we don't stop to think about how such and such a device contains software to help it do its job.