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IANAL, but as far as I know it's very important it's GPLv3 which means the antitivoization clause, which means that hardware that uses this firmware must provide full source code and a way to let you use your own firmware.

If somehow this code is not in a firmware... No idea.

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(this is a light derail but related)

some of this design IS firmware - the lowest level bootstrap is encoded into an internal ROM - currently it's a very dumb bootstrap, a real implementation would boot from a number of possible sources. The sources are there on github.

All the ARM systems you can buy today have a similar embedded boot loader - almost all of them do not release that source, because it's the root of their secure boot chain.

IMHO this code should be public (but not the keys)

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