The pic header files are marked as non-free due to a non-free requirement imposed by Microchip.
When we marked the pic header files as non-free, we just went by the word from Microchip on that issue. However, one could also take the position that the header files only contain non-copyrightable facts, or that Microchip copyright does not apply for other reasons. In fact, there now is some lefal precedent here:
https://en.wikipedia.org/wiki/Oracle_America,_Inc._v._Google,_Inc
See also
http://lkml.iu.edu/hypermail/linux/kernel/0301.1/0362.html
We should try to find out about the situation here. If Microchip copyright does not apply, they would have no right to impose the non-free condition. This would give SDCC pic users additional freedom.
SDCC is packaged in Debian, so the question could be brought up on debian-legal.
Philipp