Comment by abdullahkhalids
21 hours ago
Ah.. Thanks
> c) Accompany the work with a written offer, valid for at least three years, to give the same user the materials specified in Subsection 6a, above, for a charge no more than the cost of performing this distribution.
So according to the legal theory expressed in this thread so far, nobody can sue anybody and there's no obligation to provide source code. The copyright holder couldn't sue because the license was followed (an offer was provided) and the end user couldn't sue because the offer doesn't have to be followed up on.
Or, instead of theorycrafting reasons why it shouldn't work, you could "just" sue them and see if the judge agrees.