Dear Peter,
it has been brought to my attention that there are a couple of Xilinx priovided files in the U-Boot tree which are not compatible with the GPL.
These files are (at least):
board/xilinx/common/xipif_v1_23_b.c board/xilinx/common/xipif_v1_23_b.h board/xilinx/xilinx_iic/xiic_l.c board/xilinx/xilinx_iic/xiic_l.h include/asm-microblaze/arch-microblaze/xuartlite_l.h
The problem with these files is especially this part in the file header:
XILINX IS PROVIDING THIS DESIGN, CODE, OR INFORMATION "AS IS" AS A COURTESY TO YOU, SOLELY FOR USE IN DEVELOPING PROGRAMS AND ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ SOLUTIONS FOR XILINX DEVICES. BY PROVIDING THIS DESIGN, CODE, ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ ...
We cannot take this lightly, as in other files, Xilinx uses a different clause:
This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version.
XILINX IS PROVIDING THIS DESIGN, CODE, OR INFORMATION "AS IS" AS A COURTESY TO YOU. BY PROVIDING THIS DESIGN, CODE, OR INFORMATION AS ...
It is obvious, that the second file is intended to be GPLed, while the first one is not.
Do you see a way to submit new versions of the aforementioned files with a GPL compatible license header? If not, I have no other option but to remove these files from the U-Boot source tree.
Please note that this also means that copies of the U-Boot code which include these files like those distributed by Xilinx (for example, as http://www.xilinx.com/bvdocs/appnotes/xapp542.zip) violate the GPL, and I must ask you to stop distributing these files.
Thanks.
Best regards,
Wolfgang Denk