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Where's the misinformation? Isn't he describing the second option you quoted?

did you read what I quoted? It says the binary must be distributed with source code, or with an offer to distribute the source code. Lego did none of that.

I was responding to the comment on https://news.ycombinator.com/item?id=35182511, which says that "GPL doesn't say you must provide source code once you get caught, it says you must publish it the moment you release a derivative work."

And, no. You don't have to publish the source code. You have to offer to distribute it. Which is different. (I am not a lawyer).

https://news.ycombinator.com/item?id=35183786 contains a quick discussion about what is and what is not there. I don't have the product, so I cannot tell.

Reply on news.ycombinator.com