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GPL and statically linking with non-GPL standard C library

From: Alexander R. Pruss
Subject: GPL and statically linking with non-GPL standard C library
Date: 26 May 2004 05:48:05 -0700

I'd like to distribute GPL code compiled with Borland's C compiler,
and statically linked with Borland's C library.  Is this permitted? 
The question comes down to the GPL exception: "However, as a special
exception, the source code distributed need not include anything that
is normally distributed (in either source or binary form) with the
major components (compiler, kernel, and so on) of the operating system
on which the executable runs, unless that component itself accompanies
the executable."

However, it seems to me the Borland C compiler and its standard
libraries are not a major component of the Windows operating system. 
They're not, after all, made by the same people who made the operating
system.  So it seems that distributing binaries of GPL code statically
linked against a standard C library that is not itself distributed
under a GPL-compatible license is not allowed (and so I must go with
mingw32 or something like that).

Would it make a difference if I used the newly released free Microsoft
C compiler and its libs?  It would be easier to make a case that it's
a part of the OS, no?

Is my reading right?  The GPL FAQ doesn't help very much here.

Alex Pruss

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