legal status of using OSS binaries in developing close-source commerical software?

Question

Can I use OSS software binaries (including gcc/mingw,perl,python,cygwin?) to develop our own (commerical, close-source) program, no open-source code will be built in or even used.

For example, can I use perl to build a simple auto-incremental-compile daemon, and not distribute the code back to the public in any form.

It seems impossible to distribute any of my code (binary-only or open-source) written in work time or on work laptop, given the complexity of license contracts.

I did not read all the related OSS agreements, and have always gotten screwed by legal agreements. It seems the Perl license allows greater freedom than other licenses.

Answer 1

Well, obviously this depends on the license. But the GPL (which covers most of the software you mention) only restricts software which links with GPLed code (or otherwise cannot substantively function without it).

So no, there is no problem using most OSS code to develop a proprietary program.

However, the best advice you'll get all day is to READ THE LICENSES AND UNDERSTAND THEM! And then, if you're still concerned, consult a lawyer.

Answer 2

Some Open Source Licenses are viral, i.e. they have a clause that says you can use the software however you like - but anything you develop has to also be licensed under similar terms. If you used something under a license with such a clause you would have to make your code available under the same, or similar terms.

This is just one example amongst many that means you have to read the license - each open source license is subtly different. If you have trouble understanding these licenses then get professional advice.