> relying on the first sale doctrine to use the patent license that came with the hardware
First-sale doctrine protects against copyright or trademark infringement. You might be thinking of "patent exhaustion"[1], which is a mostly US-specific court doctrine that prevents patent holders from enforcing license terms against eventual purchasers of the patented invention. There is no "transitive law of patent licensing", so-to-speak.
In this case, it would still not protect Valve if they exercise each claim in the relevant patents by including both hardware and an unlicensed implementation of the software process. It would protect end users who purchased the licensed hardware and chose to independently install drivers which are not covered by the license.
It's murky if Valve would infringe by some DeCSS-like scheme whereby they direct users to install a third-party HDMI 2.1 driver implementation on first boot, but I don't think they would risk their existing HDMI license by doing so.
First-sale doctrine protects against copyright or trademark infringement. You might be thinking of "patent exhaustion"[1], which is a mostly US-specific court doctrine that prevents patent holders from enforcing license terms against eventual purchasers of the patented invention. There is no "transitive law of patent licensing", so-to-speak.
In this case, it would still not protect Valve if they exercise each claim in the relevant patents by including both hardware and an unlicensed implementation of the software process. It would protect end users who purchased the licensed hardware and chose to independently install drivers which are not covered by the license.
It's murky if Valve would infringe by some DeCSS-like scheme whereby they direct users to install a third-party HDMI 2.1 driver implementation on first boot, but I don't think they would risk their existing HDMI license by doing so.
1: https://en.wikipedia.org/wiki/Exhaustion_doctrine_under_U.S....