In this case, that is using LGPL such as checkstyle for the build, is it possible that the build system downloads it automatically for the developer? And /GPL/ buildtools, is it different? Would it have to ask permission of the developer to download given that it's GPL (ie making it clear)?
You can't isolate questions. If no other condition exists that causes it to be a derived work, then a build system download won't either, assuming that the build system is an independent mechanism (i.e., it doesn't exist for the sole purpose of placing the GPL'd functionality within a non-GPL product).
The GPL specifically excludes bundling for the purpose of distribution from its list of things that makes one work derived from another. That is what allows RPMs and Debian packages and FreeBSD ports to work. You can safely assume that any such system is okay, even if it is written in Java. However, note that we are not in the business of providing bundles (like RedHat), so the storage for such a system should make use of the origin sites rather than assuming an uber-repository. The fink system (Debian based) does that rather well.
This is completely separate from the Sun binary license issue, which specifically forbids anyone from allowing such downloading. Placing the repository on someone else's machine doesn't remove culpability for the license infringement -- it only increases it.
....Roy
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