bbb uart2 lcd4 pin conflict


for a student project i made a cape and now wanted to add a lcd4.
Unfortunately the cape manager tells me there is a pin conflict with uart2 (p9.21).
In the schematic for lcd4 the uart2 pins are just passed through to another connector and should therefor be usable.
I found another thread where they say the dtbo for lcd4 has this error but is hard coded in the kernel and that the next angstrom release will fix this issue.

I think i more or less understood the whole device tree stuff but why are those mappings hardcoded?
Can anyone elaborate on that?
Currently i have the stock angstrom image (2013.09.04).
And to solve the conflict do i need to compile the angstrom kernel myself?
Are there other distribution that have a more recent build?

Thanks in advance,