Why are we being asked to justify every closed-source component? I would think it would be a more simple case than that; can we have the closed source bits for Mer? Yes? Thanks!
I say you build Mer using as few closed bits as possible, but without losing any functionality found in Diablo. After you've built the thing, tell Nokia what you've got in there, and they can argue with you over the stuff you've got.
Anyone looking at the project can see that you're doing your best to find open source components wherever possible. So it seems kind of insulting to ask you to justify your need for each component. If there were good, easy-to-find open source replacements for these bits, wouldn't Nokia use them instead of developing closed-source versions?
Is Nokia worried that you could build a viable competitor to Maemo 5? They're afraid that they're handing you the weapons that will destroy them?