Re: Compiler for Red Hat Linux 8

[Per Bothner <per at bothner dot com>]

Joe Buck <jbuck@synopsys.com> writes:

> Per Bothner wrote:
> > If A gives B a GPL'd compiler under the proviso of a NDA prohibiting
> > A from distributing the compiler to third parties that is a very
> > different matter.  I don't think that in itself violate the GPL.
> 
> Nope, read it again.  The GPL requires that all recipients be given a
> license to redistribute.

But A is not the recipient - A is the one providing the compile to B.
B is of course free to redistribute the compiler.  But we are talking
about the case where the NDA binds *A*, not B.  Think A==RedHat;
B==Intel; RedHat signs NDA and develops compiler port; Intel receives
compiler from GCC.  RedHat is bound by the NDA; Intel is free to
r-distribute GCC under GPL, and is not bound by the NDA;  viola no
conflict.

Now if Intel then distributes GCC to a third party under an NDA,
*then* there is a confloct.

> If you were right, then A could charge B an arbitrarily high charge for
> the service of distribution, and thus have an effectively proprietary
> compiler, since the only way to get it is to pay A.

A is not charging B for distribution.  A is charging for development.
B is the party that made A sign an NDA in exchange, not vice versa.
-- 
	--Per Bothner
per@bothner.com   http://www.bothner.com/per/