You were referring to this example from the blue box in R18:
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Example: The same team realizes that the transmission designed and built in the fall perfectly fits their need for a transmission to drive the Robot arm. They build an exact copy of the transmission from the original design plans, and bolt it to the Robot. This would be prohibited, as the transmission – although fabricated during the competition season – was built from detailed designs developed prior to Kick-off.
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However, I think this example (from further down in the blue box) would be more applicable:
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Example: A different team develops a similar solution during the fall, and plans to use the developed software on their competition Robot. After completing the software, they post it in a generally accessible public forum and make the code available to all teams. Because they have made their software generally available (per the definition of COTS, it is considered COTS software and they can use it on their Robot).
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See R22, from the 2012 rulebook, for the definition of COTS. So, I would release your CAD here on CD now, to be on the safe side. That way you can fall into the last example, instead of the first!
Also, please keep in mind that we can only use these rules as a guideline... anything could change when the new rules are released! Make sure to read them carefully when they come out, and if you have any questions use the Q&A to ask the GDC!