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We distributed MINGW without the source. Actually we still do, but now we provide permanent links to the MINGW sources in the webpage now. That does the trick
Our software uses compiling tools provided by:- GNU GCC ( http://gcc.gnu.org/ ) by GNU GCC developer team.Compiling tools our program uses on Windows:- Minimalist GNU For Windows. ( http://www.mingw.org/ ) by MinGW developer team.
According to the MinGW devs, no, it's not.