We're starting with the J and plan to work on the H next, if we get some traction.
Brake energy data are included for landing and we are exploring the addition of a tool to calculate brake energy for aborts and quickturns. I don't know why a Brake Temperature Monitoring System (BTMS) wasn't added to the J; it is not new technology and would certainly reduce the 60-minute minimum cooling times.
Also, we have incorporated fixes for the mitigations currently required for Block 6.0.
Indeed, these are both big issues we are currently tackling. Definitely some gray areas and I'm just an engineer but here is my take: The software and methodology (the "math") that Lockheed uses to develop the performance charts (-1-1) are proprietary, but I don't need that. I only need the resulting scheduled data/printed charts. Again, Lockheed owns the copyright but operators (USAF, USMC, USCG) can release their publications to other contractors. Another thing worth noting is that the definition and structure of flight manual data is governed by DOD standards/regulations which are publicly available (MIL-DTL-7700, MIL-STD-3013). I'm no lawyer, just a lowly engineer, but I think any OEM would have a tough time asserting ownership over methods and procedures that are "industry standard" and in the public domain.
As for liability: On the J, the Mission Computer (MC) currently hosts a DO-178 Level A-certified version of TOLD which we are not trying to replace. We are solving the problem of accessibility by providing "advisory data." Our goal is to make preTOLD as close to MC TOLD as possible, but in the event of a conflict, MC TOLD is still gospel.
Definitely some gray areas but, needless to say, I'm working several angles on this.