[U-Boot-Users] License issues with Xilinx provided files

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

Dear Wolfgang,
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
I had fixed all the issues in the licensing text (in addition to technical issues) for the above and additional files in a patch that I submitted to the U-Boot mailing list on 2005-09-28 (see "[U-Boot-Users] [PATCH] Major overhaul for Xilinx ML300 board support"). As far as I know this patch together with other patches submitted a few days later adding support for additional boards still waits for inclusion into the source tree.
The "offending" license text slipped through the cracks in an earlier submission.
include/asm-microblaze/arch-microblaze/xuartlite_l.h
Although Xilinx is the author and copyright holder of this file it was not submitted by Xilinx.
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.
I'd very much like to see the patches from last September added to the source tree which fixes the issues under discussion. Please let me know when you plan to include these patches.
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.
The "offending" license text only exists in the open source repository but not in the U-Boot 1.1.1 snapshot included in xapp542.zip.
- Peter

Dear Wolfgang,
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
I had fixed all the issues in the licensing text (in addition to technical issues) for the above and additional files in a patch that I submitted to the U-Boot mailing list on 2005-09-28 (see "[U-Boot-Users] [PATCH] Major overhaul for Xilinx ML300 board support"). As far as I know this patch together with other patches submitted a few days later adding support for additional boards still waits for inclusion into the source tree.
The "offending" license text slipped through the cracks in an earlier submission.
include/asm-microblaze/arch-microblaze/xuartlite_l.h
Although Xilinx is the author and copyright holder of this file it was not submitted by Xilinx.
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.
I'd very much like to see the patches from last September added to the source tree which fixes the issues under discussion. Please let me know when you plan to include these patches.
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.
The "offending" license text only exists in the open source repository but not in the U-Boot 1.1.1 snapshot included in xapp542.zip.
- Peter
participants (2)
-
Peter Ryser
-
Wolfgang Denk