If the firmware is based on existing, proprietary drive firmware, then distributing it may run afoul of copyright law, but if all that's distributed is a patch file then I don't see the problem there either.
There are quite a few countries with exceptions in copyright law for compatibility reasons, like modifying programs to make them work on newer hardware without the original authors' consent. The reason VLC (and many other open source projects) can play DVDs is that France, where VLC is based, has laws that make it legal to distribute a DVD playback library. I don't think any Linux distros have faced legal trouble over distributing VLC, even if they are American in nature.
I'm sure the copyright lobby will have a different opinion, but I don't think it's quite as black and white without knowing where the author resides and/it what nationality they have.
Not to say that the MPAA isn’t ever going to go after it, but I am sure they’re aware of it by now and have, if nothing else, been biding their time.
> I don't think any Linux distros have faced legal trouble over distributing VLC, even if they are American in nature.
That's because they generally don't distribute libdvdcss, which is the illegal part.
> Many Linux distributions do not contain libdvdcss (for example, Debian, Ubuntu, Fedora and openSUSE) due to fears of running afoul of DMCA-style laws, but they often provide the tools to let the user install it themselves. For example, it used to be available in Ubuntu through Medibuntu, which is no longer available.
...and when you host your code on Github or Gitlab, they will have to comply with DMCA letters. After one round of exchanging counternotices the content will have to stay down unless the alleged infringer is willing to fight the matter in a US court.
If you’re using MakeMKV, then almost by definition you have a legitimate copy of the media you’re ripping, and as such not a direct target of any kind of piracy prevention. Obviously you could then post your rip on The Pirate Bay or something, but I don’t think that MakeMKV is generally blamed for that.
I have a ton of Blu-Ray movies purchased legitimately, and I use MakeMKV to rip them and play them with Jellyfin. I don’t distribute them, I only play them in my house.
Am I technically breaking the law? Probably, DRM law is weird and confusing in the US, but I doubt that the MPAA has a huge problem with what I am doing, since I am paying them for legitimate copies of my movies.