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How to validate a market with development boards and SD cards

I came across an article from Cooley Go that I wish I had seen sooner. It should be required reading for anyone thinking about making an electronic device, even though the article is specific to the US market. Devices subject to the FCC’s rules cannot be marketed until they have completed testing and, if necessary, have been approved by the FCC. Marketing includes selling or leasing a device, advertising that a device is available for sale or lease, and importing a device for purpose of selling or leasing it.

While some consultants suggest that there are “sales test” exceptions, I remember a person much smarter than me once telling me that “[government agencies] are very unambiguous about [these sorts of things]”. This way, the electronic device liability will fall on the manufacturer, and the magic of friendship EULA should afford me enough protection to make this a pure software play. Unlike a bigger bulkier board that would have had to be packaged correctly and go through customs, an envelope should theoretically arrive at your door in the same manner as your new credit card.

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