Hello everyone,
Using GPL-licensed executable as part of a commercial software package is a use case where I would like to get some clarification. Atmel's AVRStudio v5 uses GCC and friends as components in their compilation suite. I have yet to find out
whether their versions of GCC et al. have GPL v3 or GPL v2. However, that doesn't seem to make a great deal of difference.
The GPL v3 says:
"A compilation of a covered work with other separate and independent works, which are not by their nature extensions of the covered work, and which are not combined with it such as to form a larger program, in or on a volume of a storage
or distribution medium, is called an “aggregate” if the compilation and its resulting copyright are not used to limit the access or legal rights of the compilation's users beyond what the individual works permit."
So, for a strict interpretation, using GPL-licensed program as part of a commercial program would make it "by its nature an extension of the covered work" (covered work being the entire compilation suite).
The GPL v2 says approximately the same by the following phrases:
In section 2:
"But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and
thus to each and every part regardless of who wrote it."
and in section 3: "You may copy and distribute the Program (or a work based on it, under Section 2)"
So, the extent of "work based on the program" seems crucial in GPL v2's case.
I think the wording in GPL v3 is stricter although I find it difficult to determine whether the difference is legally decisive. However, the practise of incorporating GPL-covered executables into commercial packages seems to be getting
more common.
So, does this usage fall into the "gray area" where the license is violated but it is done so mildly that no-one is going to sue?
GPL's unclarity about matters like this irritates me because it tends to skew competitional landscape so that "good guys" who play by the rules don't get the benefit of free GPL-licensed software whereas "bad guys" do because they know
they won't get sued in if they violate in areas where the violation is mild or the license it too unclear for lawsuit. 
Please comment.
Best Regards,
Vesa