One of the devices I have is the Nighthawk R8000, which requires a proprietary, closed-source cts.ko
in order to get more than half of it's max speed. Under OpenWrt, I max out at about 500MiB/sec throughput, where-as with the official firmware (and the bastard cts.ko), I get 960MiB/Sec throughput.
Now, when exploring this, it was suggested that Tomato has this driver, but was a 3.x kernel or older. So, it was either 1) Stock firmware, 2) OpenWrt with a 50% Throughput reduction, 3) Maybe Tomato with full throughput, but a Kernel so old it wouldn't last long as an edge device exposed to the public..
It is very easy for me to say "Why can't they just steal cts.ko like Tomato did?" (or, why won't Broadcom allow us to use their hard-work for free?!?!), and it's easy to say "Well, someone should be able to do this", and it is very easy for me to say because I have no practical idea on what is actually involved..
Can open source drives ever be as good as proprietary ones? Sure.. Will they ever be? Probably not. Proprietary drivers are funded by the company who is creating it, where-as any given OpenSource project is almost always upkept by volunteers with the varied background and histories of true enthusiasts..
Someone could fund a project for it, walk the legal line, and ensure anyone connected to it has never seen or been exposed to the real source, and yes, come up with something given the funding, time involved, etc..
A KickStarter might be an idea, but when you'd really have to hope you can generate enough interest inside the period, but would you, personally, give up a large seed chunk? I would not/could not, and would just avoid the effected devices in lieu of fighting the mountain.
But, that's just me.. I don't think the original question is off-base, and it gets asked from time to time, but while it's easy to ask, it isn't so easy to do..