OpenBSD creator Theo de Raadt [interview] announced that Intel has refused his request to permit that the firmware for their wireless chipsets be made freely distributable. He explains, "I had asked for free terms under which we (and Linux, anyone) can redistribute the firmwares for their wireless chipsets. Without these firmware files included in OpenBSD, users must go do some click-through license at some web site to get at the files. Without those files, these devices are just bits of metal, plastic, and sand." Intel is one of several companies being approached by OpenBSD in a coordinated effort to try and free up the availability of firmware for wireless chipsets [story]. Several vendors including Symbol, Zydas, and Atmel have responded favorably, licensing their firmwares so that they can be distributed freely with OpenBSD.
As to the reason Intel refused to update their licensing, Theo explained that they referenced obligations to outside parties. Further clarification as to exactly what that means was not provided by the company. Theo went on to note that though this concludes his dealings with Intel, users are still encouraged to contact them and express their concern for this policy, "maybe they will listen to enough customers, or they will learn to not make this mistake again with future chipsets. I for one have already decided that I will never recommend an Intel product to anyone ever if there is choice. (There is almost always choice)."