Re: MinGW Ada compiler licence question targeting commercial

[anon@anon.org (anon)]

Actually, GNAT uses GPL version 1, 2, and 3. And you can still download 
binary versions of GNAT for Linux that are licenced under GPL version 1.

Now, GNAT GPL 2009 uses both version 2 and 3 ( GNAT files: "copying", 
and "copying3" ). Using "Copying3" which may contain additions or changes 
to the GPL version 3 license that Adacore prefers for GNAT instead of the 
FSF general version. 

The GPL only forces the supplier of the object (compiled aka Non-Source 
Forms) code to make available the source code.  There is no statement or 
phase in the GPL version 3, or 2, or even 1 that states the source code 
must be "FREE" except for accessing the source on networks. 

Version 3:
  From the Preamble ( Third paragraph )

     When we speak of free software, we are referring to freedom,
     not price. ...

Version 3:
  4. Conveying Verbatim Copies.

     You may convey verbatim copies of the Program's source code as you
     receive it, in any medium, provided that you conspicuously and
     appropriately publish on each copy an appropriate copyright notice;
     keep intact all notices stating that this License and any
     non-permissive terms added in accord with section 7 apply to the 
     code; keep intact all notices of the absence of any warranty; and 
     give all recipients a copy of this License along with the Program.

     You may charge any price or no price for each copy that you 
     convey, and you may offer support or warranty protection for a fee.


This allows one to set a price, for source code. But this does not stop 
one from charging another price for the object (compiled aka Non-Source 
Forms) code.
Plus, the third parties may want to pay for:
        1. source code only, or
        2. object code only, or
        3. both object and source code.


Plus,
Version 3:
  6. Conveying Non-Source Forms.

    b) Convey the object code in, or embodied in, a physical product
    (including a physical distribution medium), accompanied by a
    written offer, valid for at least three years and valid for as
    long as you offer spare parts or customer support for that product
    model, to give anyone who possesses the object code either (1) a
    copy of the Corresponding Source for all the software in the
    product that is covered by this License, on a durable physical
    medium customarily used for software interchange, for a price no
    more than your reasonable cost of physically performing this
    conveying of source, or (2) access to copy the
    Corresponding Source from a network server at no charge.

Subparagraph (6.b) does not allow anyone without right from Adacore to sell 
any part of GNAT or its tool suite, except for maintaining, downloading and 
compiling the program. And that price must be no more than a "reasonable 
cost" for someone to perform those task! 


    d) Convey the object code by offering access from a designated
    place (gratis or for a charge), and offer equivalent access to the
    Corresponding Source in the same way through the same place at no
    further charge.  You need not require recipients to copy the
    Corresponding Source along with the object code.  If the place to
    copy the object code is a network server, the Corresponding Source
    may be on a different server (operated by you or a third party)
    that supports equivalent copying facilities, provided you maintain
    clear directions next to the object code saying where to find the
    Corresponding Source.  Regardless of what server hosts the
    Corresponding Source, you remain obligated to ensure that it is
    available for as long as needed to satisfy these requirements.

Subparagraph (6.d) allows the object and source codes to be split from each 
other.

Also, "Corresponding Source' may be omitted in the case of where the source 
would cause a "Patent Infringement" so giving a compiled object module may 
be required. Another case is where the software accesses libraries that have a 
national security concerns. Like using a "Cryptographic Module" or library that 
might be available to one country but not all.     


Plus, businesses understand that the cost of a software engineer to download, 
compile and maintain the source code is too expensive. They prefer the 
initial system to be compiled on a CD/DVD with printed documentations. 

Because, if one is setting up a "roll your own" system for a client, like  
using GPL system the cost may be too high. Like using Linux with GNAT may 
contain 1000s of GPL software packages and with the cost of that CD/DVD 
that is less than $5.00, but the cost of compiling and modifying each 
package may cost $1,000 or more depending upon the system and the number 
of packages to be installed. 

That's why most businesses prefer their software engineer to install Linux 
from companies like Debian, RedHat or SuSE for their open source systems. 
Also, they sometime prefer the non in-house software engineer to keep the 
software, that way the software engineer can update the software as the 
patches become available. And install these updates periodically.



In <01527aaf-991b-447b-a516-7dbe6b345650@j20g2000vbp.googlegroups.com>, Ludovic Brenta <ludovic@ludovic-brenta.org> writes:
>anon wrote on comp.lang.ada:
>> The license is for the GNAT compiler and tool suite. =A0You can freely do=
>wnload
>> and modify any to all GNAT programs but you can not sell GNAT or its tool=
>s
>> suite unless you obtain the rights from Adacore. =A0You can charge for th=
>e time
>> downloading, and the time you spend modifying and compiling GNAT as well
>> as the cost of the storage media (CD). =A0But that's it!
>
>No, that's entirely wrong. GNAT is licensed under the GPL which
>explicitly allows one to charge for copies of the software. I could
>legally sell you a single copy of GNAT for One... Million... Dollars
>if you were willing to pay.  The first catch is that *if* I sell (or
>give away) a copy of GNAT, then I must also sell (or give away) the
>sources along with it, at no *extra* cost.  If the copy I sell or give
>is modified, then the sources that I must sell or give along are the
>modified sources.  The second catch is that *you* are legally allowed
>to re-sell (or give away) copies of the software to anyone, under the
>same conditions.
>
>> Now, if you use GNAT, you can build a commercial program, but the GPL 2 a=
>nd
>> 3 will force you to use a GPL or GPL-like license for your commerical pro=
>ject.
>> That is, the source code must be available for those who use your program=
>..
>
>That is not true either. The source code must only be available to
>those who receive a copy of the program; not to those who use the
>program.  Think "software as a service": a customer can use a program
>over the network without receiving a copy of it.  In this case, the
>vendor does not distribute the program at all, so is not required to
>disclose the sources.
>
>The GNU Affero General Public License[1] is an alternative to the GPL
>that does require vendors of such services to provide the sources.
>Neither GNAT nor its run-time library use this license.
>
>[1] http://www.fsf.org/licensing/licenses/agpl-3.0.html
> =A0
>> You can sell the binaries for $xx.xx, and you may either give the source =
>if
>> they ask or in some cases you can charge addition $yy.yy for the source.
>
>The "addition" must be no more than the cost of physically copying the
>sources, i.e. zero in the age of the Internet, or perhaps one euro for
>a CD-ROM.
>
>--
>Ludovic Brenta.