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This is a bug since Avalon ST interface specifications said that the empty signal is evaluated only when eop is true. Interesting this odd behaviur is visible only with an empty value of '10'.
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I don't think that Altera tests this part a lot, because I had some problems with the SGDMA that did weird things if the empty signal wasn't "00" on a non-end-of-packet word. So now just to be safe on my IPs that generate an Avalon Stream I always ensure that empty is always "00", except on an end of packet where it is the expected value.