Re: Compiler for Red Hat Linux 8

[Michael Eager <eager at mvista dot com>]

dewar@gnat.com wrote:
> 
> <<4. It's possible that, depending on how the IA64 situation goes, we
>    might have to have code in the compiler which no-one outside Red
>    Hat (and not on the appropriate NDA) can see until some point
>    shortly before the release.  I'm not sure how that could be made to
>    work.
> >>
> 
> I hope this does not imply that such versions of the compiler are released
> under NDA to organizations outside Redhat (since that would clearly violate
> the GPL).

Unless I'm reading the GPL incorrectly, this does not violate the GPL.

GPL does not require that code which depends on NDA info to be made public.  
It says that if you produce a product using GPL code, that the source must be 
made available to the recipient of the product and that the derived product 
must be licensed under the GPL.  It does not mandate that you publicly 
distribute the product nor does it prohibit your distribution of the product
selectively.

In the normal case, a microprocessor vendor enters into a development 
agreement and NDA with a compiler developer.  The compiler developer modifies
GCC as required and provides the compiler and source to the microprocessor 
vendor.  That product is covered by the GPL.  The compiler developer is
prohibited under terms of the NDA from distributing any proprietary 
information covered by the NDA, or anything derived from this info, which
is in this case is the compiler.

In the normal course of events, the microprocessor under development is
released along with the compiler and other tools.  At this time the sources 
are made available to the recipients of the tools.  The microprocessor vendor
(or the compiler developer, depending on how the development agreement
is written) may submit the source changes to the FSF or other public
source repository.

While this may be convenient and desirable, the GPL does not require 
it, nor does it require that the source be made available to anyone
other than the recipient of the tools.

Please feel free to correct me if I've misunderstood part of the GPL.

--
Michael Eager     eager@mvista.com	408-328-8426	
MontaVista Software, Inc. 1237 E. Arques Ave., Sunnyvale, CA  94085