Borland C++ Can No Longer Be Used To Make Free Software?

Craig Miskell asks: "Bought a magazine today (PC Authority - Australian magazine). It contained Borland C++ Builder 3, and the licence contained the following, which I read to mean that you can't release the source code to your programs that you create using C++Builder: 'GENERAL TERMS THAT APPLY TO COMPILED PROGRAMS AND REDISTRIBUTABLES You may write and compile (including byte-code compile) your own application programs using the Software, including any libraries and source code included for such purpose with the Software. You may reproduce and distribute, in executable form only, programs which you create using the Software without additional license or fees, subject to all of the conditions in this statement.' What dya think about that? Seems odd to me." Me, too. Borland better bandage that foot before it stains the carpet... Updated Sorry. There seems to nothing to worry about. Read on for a statement direct from Inprise.

Updated 05/17 7:33am by C: Michael Swindell from Inprise sent us the following clarification on the licensing issues involved:

"The Ask Slashdot article posted today asserted that the C++Builder 3 license somehow restricted distribution of source code. We do not have, and never have had, any license that would do such a thing. The reader mistook the application of the restriction on redistributables (such as the Borland RTL and VCL libraries which are distributed with source code) as a restriction on redistributing source written by a developer. We would never make such an unusable restriction. We are all developers over here. We would laugh anything like that out of the campus in a heartbeat. There is a passage further down in the license that explicitly explains that there is no restriction from distributing your own source code or even C++Builder IDE generated source code without restrictions:

• You are not, of course, restricted from distributing source code or byte code that is entirely your own. Source code which you generate with a Borland source code generator, such as an Application Wizard, is considered by Borland to be your code.
• I've attached a copy of the entire License agreement that came with C++Builder 3. We would really appreciate it if you were able to update the main article so that slashdot readers, customers, and developers don't get the wrong idea about our license. We have already been flooded with questions and complaints about this today and have spent a lot of time explaining the reader's mistake on the phone, in email, and in our newsgroups. (C: the attachment was corrupted in the email message but it should be up sometime today)

Thanks for clearing up all of the confusion, Michael. Here's a copy of the licence, reprinted by permission, for your perusal.

BORLAND C++ BUILDER

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Comments

What the REAL problem is here

[Bruce Perens]

Software licenses are meant to be executed by non-attorneys. That means they should be unambiguously worded and in a language that the person who executes the license understands. This license is ambiguous regarding what it restricts and what it does not. To parse it correctly takes more understanding of the law than the person who will execute the license can be reasonably expected to have.

Thanks

Bruce

What is Borland C++ Builder?

[schporto]

Go to Borland's site. Read what this thing does. When you use it C++ code is created. You do not write C++ code with this. I would imagine that this license applies to the code it generates. They are copyrighting their code generator. This is kinda similar to say MFC being copyrighted but giving permission to freely redistribute.
C++Builder has code in itself to do X. You want to do X in your program. It adds the code for X. Kinda like using VB adding a component but instead of just getting this visual dodad you get actual code. They are maintaining that you can redistribute this is binary form
So you can compile something in C++Builder and distribute the source. However developing it entirely in C++Builder is a no-no. Because it would use Borland's code in the final output of your project. If you released your source free and clear at that point you would be distributing Borland's source code.
Remember this is not just a compiler.
-cpd

Misinterpretation explained

[mswindell]

The source referred to in the license restriction was distribution of the Borland supplied library source code - not the developer's own source. That would be an unusable license. We've always included the source to our supplied libraries and the restriction was only to protect those libraries - for they were licensed under a traditional software license. You can use any Borland C++ compiler including the command line free BCC or the new C++Builder 5 to create GPL licensed applications. If you link with non-GPL libraries, such as those included with the compilers, you would need to include a clause in your license as described on the FSF site for using Qt - a non-GPL library. -Michael Inprise/Borland

Re:Autogen Code

[TheKodiak]

Unlike this article, this post brings up a marginally interesting question.

If I use Delphi or whatever to create an application, who does the AUTOMATICALLY GENERATED code belong to? The VCL belongs to Borland, I know this. But when I hit Ctrl-Shift-C, and Delphi spits out some useful declarations for me, is that source automatically mine (analagous to a paint program) or does Borland have to say something for it to be mine (analagous to copying code from a web page)? The code it is automatically generating is, after all, using _my_ copywrited work.

I'm assuming that it's just like using MS Paint.

THis has ALWAYS been on Borland software on mags.

[WhyteRabbyt]

UK PC magazines almost all carry CDROMs, and now DVD's, and full software turns up on these CDROMs all the time. Borland have been putting older versions of Delphi, C++Builder and other products on theses magazines for years. I have copies of Deplhi from version 1 to version 4.

This has always been a license restriction in the giveaway release of development software they put on the magazines. There is always an offer to obtain a full-development-rights license (and the rest of the retail box stuff) for a nominal sum (about 30 UKP).

This is not new. This is only restricted to coverdisk software. There is nothing unusual here. The software is being released for home use only. And gratis at that...

Pax,

White Rabbit +++ Divide by Cucumber Error ++

Yes, you can distribute your source.

[Remote]

Borland C++ Builder 5.0 has the same text in its license, but below, under the title "GENERAL TERMS THAT APPLY TO COMPILED PROGRAMS AND REDISTRIBUTABLES" it reads:

• The Software might include source code, redistributable files, and/or other files provided by a third party vendor (Third Party Software). Since use of Third Party Software might be subject to license restrictions imposed by the third party vendor, you should refer to the on-line documentation (if any) provided with Third Party Software for any license restrictions imposed by the third party vendor. In any event, any license restrictions imposed by a third party vendor are in addition to, not in lieu of, the terms and conditions of the License Agreement.
  
  All Inprise libraries, source code, Redistributables and other files remain Inprise's exclusive property. Regardless of any modifications that you make, you may not distribute any files (particularly Inprise source code and other non-executable files) except those that Inprise has expressly designated as Redistributables. Nothing in the License Agreement permits you to derive the source code of files that Inprise has provided to you in executable form only, or to reproduce, modify, use, or distribute the source code of such files. You are not, of course, restricted from distributing source code or byte code that is entirely your own. Source code which you generate with an Inprise source code generator, such as an Application Wizard, is considered by Inprise to be your code.

So, if you can distribute source code from a third-party vendor, in case the latter doesn't oppose, you can sure distribute your own. What you can't do is redistribute what Borland gave to you, other than the "redistributables" that appear on their list.

Slashdot Poetry, was Re:Wrong.

[gilroy]

OK, I'm feeling a bit punchy, but that post put me in the mind of a haiku:

Placement of commas
Can seriously impact
The legal meaning.

I'll just slink back into my corner now.

Re:Sounds like...

[maunleon]

If people only read the license further down...

"All Inprise libraries, source code, Redistributables and other files remain Inprise's exclusive property. Regardless of any modifications that you make, you may not distribute any files (particularly Inprise source code and other non-executable files) except those that Inprise has expressly designated as Redistributables. Nothing in the License Agreement permits you to derive the source code of files that Inprise has provided to you in executable form only, or to reproduce, modify, use, or distribute the source code of such files. You are not, of course, restricted from distributing source code or byte code that is entirely your own. Source code which you generate with an Inprise source code generator, such as an Application Wizard, is considered by Inprise to be your code. "

People read the license before jumping to conclusions! I think by the way I just commited copyright violation by posting the license agreement here. :)

Lawyering is a bit dangerous...

[Christopher B. Brown]

On the one hand, it's pretty evident that the Borland license can't say anything restrictive about what you do with your own code.

Thus, the notion that the license implies that you can't use Borland C++ to compile a GPLed program is just silly. And if someone posted the story on that basis, this makes them irresponsible idiots.

What is, on the other hand, less clear, is what transformations C++ Builder can do on your code, and whether THAT could lead to Borland having the right to restrict what you do.

People may remember back to the days of Bison before version 1.24. From the Conditions for Using Bison:

As of Bison version 1.24, we have changed the distribution terms for yyparse to permit using Bison's output in non-free programs. Formerly, Bison parsers could be used only in programs that were free software.

The other GNU programming tools, such as the GNU C compiler, have never had such a requirement. They could always be used for non-free software. The reason Bison was different was not due to a special policy decision; it resulted from applying the usual General Public License to all of the Bison source code.

The output of the Bison utility--the Bison parser file--contains a verbatim copy of a sizable piece of Bison, which is the code for the yyparse function. (The actions from your grammar are inserted into this function at one point, but the rest of the function is not changed.) When we applied the GPL terms to the code for yyparse, the effect was to restrict the use of Bison output to free software.

In similar manner, if you use C++ Builder to generate code, as might be the case if you used the Drag'n'Drool interfacing to generate GUI code, it is plausible that Borland might have something to say about what you do with the code that was generated by their code generator.

A responsible person would, before submitting this story, try to verify some such information, rather than generating an irresponsible drive-by flaming of Borland. Of course, a responsible person would, before accepting the story for publishing, do some modicum of verification.

Few, of course, would accuse Slashdot of being a place for responsible people.

Incorrect interpretation

[ABadDog]

I believe you're interpreting the license incorrectly. It gives you the right to release binary-only executables. It doesn't say that you can't release source code. Borland's license can not affect what you do with what you've created. After all, you wrote your code for use with GCC, right? And running material you own through Borland's compiler in no way allows them to say what you can do with it, in the same way that running your food through a GE garbage disposal in no way gives GE the right to say what you can do with the remains!

Re:Incorrect interpretation

[kfg]

Ok, I guess I have to go ahead and do it anyway.

IANAL, BUT, I have legal training and have worked in the legal field. I also deal with copyright law all the time in the publishing field.

So, here's how any lawyer *not being payed to disagree* would interpret this.

"You MAY distribute," is a statement giving the right to distribute. Without this clause it is possible you wouldn't have any rights to distribute executables at all.
This is a legal assignment of right.

"In executable form only",This is a RESTRICTIVE clause, unlike the the first clause. It explicitly states that ONLY executables may be distributed. This is a RESTRICTION imposed upon the prior assignment.

The comma, while to a casual reader means little and is largely arbitrary, means a great deal to a lawyer or a judge. The comma means that these are two SEPERATE clauses. One granting, one restricting the grant.

The sentence "You may distribute in executable form only" is a VERY different legal statement from "You may distribute, in executable form only." Issues like this are the very *reason* you have a lawyer read your contracts for you.

I could show this to 100 lawyers and get this same reading.

Now, this may not be what Borland *meant*, but it is what the license says.

Ask Borland

[bfree]

Yet again Slashdot has posted a story querying the intentions and validity of a license from a commercial software developer without first asking, in this case Borland/Inprise, what it means. Could we please refrain from posting any stories like this until the external party has had a chance to make a comment which should be included in the story and make this a far more worthwhile exercise. As it is any comments will be rendered inapplicable when we hear from Borland (well virtually) so let's see some sense.

Read the Rest of the License

[dweezil]

I recently downloaded a copy of the Borland C++ Compiler v5.5. It's free as in beer. The license contains the paragraph quoted above but if you read the whole thing, you find the following paragraph:

All Inprise libraries, source code, Redistributables and other files remain Inprise's exclusive property. Regardless of any modifications that you make, you may not distribute any files (particularly Inprise source code and other non-executable files) except those that Inprise has expressly designated as Redistributables. Nothing in the License Agreement permits you to derive the source code of files that Inprise has provided to you in executable form only, or to reproduce, modify, use, or distribute the source code of such files. You are not, of course, restricted from distributing source code or byte code that is entirely your own. Source code which you generate with an Inprise source code generator, such as an Application Wizard, is considered by Inprise to be your code.

Talk about going off half cocked.