Ran into this at Google. Qualcomm compiler for their DSP was an expensive branch of GCC. I asked my manager if we could just ask them for source instead of paying per-seat license. He said that “ our contract with Qualcomm specifically prohibits us from asking them for the source of this compiler”. They found the workaround tor GPL I guess.
I have heard that this is how it is done before. I wonder how that works with a third party? If they happened to come across the binaries some how they could demand the source. I also wonder if that clause is enforceable.
AIUI the entity distributing it has to provide the source. So if Google were to (try to) (re-)distribute that compiler, they'd be legally fucked because they'd have to provide the source… which they don't have and can't get.
(But presumably that agreement also restricts Google from redistributing the binaries anyway.)