If something is harder to copy, it is ethically ok to have a different standard for this piece of technology.
Seriously, that's what you're saying above. Because hardware may have to be copied by hand, you consider them ethically not the same. Yes, that's my position, for 20 years or more. I think that's the right place to make the distinction: between "you can copy it yourself" and "somebody can build more of them". First of all, VHDL/Verilog are source code. Don't look anything like a plan. The crucial thing about source code is that you can compile it and run it. (And also that you can edit it -- which can be done with VHDL/Verilog code.) Also, you don't need your very own fab. There are plenty of fabs out there that will gladly take your source/plan and turn it into a nice chip or two for you. It's even semi-affordable if you stick to the larger feature sizes. I don't think this brings us to the point where hardware plans become morally equivalent to software. Perhaps in the future there will come a time when we can all copy computer hardware, or all produce computer hardware from plans (in VHDL or whatever form). At that point I will conclude that we should insist on making hardware from free plans. In the mean time, however, I don't think we need to do this.