NordicTrack possible GPL violation

[Schneider, George H]

I own a NordicTrack incline trainer (Model: NTL20909.3). It runs Linux as the OS (Linux SmartQ 2.6.24.7 #84 PREE MPT armv6l GNU/Linux). It comes installed on the incline trainer, and I haven't been able to find where I can download it, so I'm not sure that it's available unless you purchase one of their products.
However, in an online chat with Katie from Nordictrack, they refuse to tell me where I can download or supply me with the source code. They just keep telling me, "you don't need it for normal operations." They refuse to give me any more information.
Is this a GPL violation?
Respectfully,
George

________________________________
CONFIDENTIALITY NOTICE:

This email may contain confidential health information that is legally privileged. This information is intended for the use of the named recipient(s). The authorized recipient of this information is prohibited from disclosing this information to any party unless required to do so by law or regulation and is required to destroy the information after its stated need has been fulfilled. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or action taken in reliance on the contents of this email is strictly prohibited. If you receive this e-mail message in error, please notify the sender immediately to arrange disposition of the information..

______________________________________________________________________
This e-mail has been scanned by Verizon Managed Email Content Service, using Skeptic(tm) technology powered by MessageLabs. For more information on Verizon's Managed Email Content Service, visit http://www.verizonbusiness.com.
______________________________________________________________________

[Robinson Tryon]

On Fri, Apr 18, 2014 at 12:00 PM, Schneider, George H

Post by Schneider, George H
I own a NordicTrack incline trainer (Model: NTL20909.3). It runs Linux as
the OS (Linux SmartQ 2.6.24.7 #84 PREE MPT armv6l GNU/Linux). It comes
installed on the incline trainer, and I haven’t been able to find where I
can download it, so I’m not sure that it’s available unless you purchase one
of their products.
However, in an online chat with Katie from Nordictrack, they refuse to tell
me where I can download or supply me with the source code. They just keep
telling me, “you don’t need it for normal operations.” They refuse to give
me any more information.
Is this a GPL violation?

Hi George,

Based on your description of the situation, it sounds as though
NordicTrack is not following-through with their source code
obligations regarding the kernel Linux, as described in GPL v2 §3:

<https://www.gnu.org/licenses/gpl-2.0.html>

---
3. You may copy and distribute the Program (or a work based on it,
under Section 2) in object code or executable form under the terms of
Sections 1 and 2 above provided that you also do one of the following:

a) Accompany it with the complete corresponding machine-readable
source code, which must be distributed under the terms of Sections 1
and 2 above on a medium customarily used for software interchange; or,

b) Accompany it with a written offer, valid for at least three years,
to give any third party, for a charge no more than your cost of
physically performing source distribution, a complete machine-readable
copy of the corresponding source code, to be distributed under the
terms of Sections 1 and 2 above on a medium customarily used for
software interchange; or
---

c) [ an option to pass-on an upstream written offer for source. This
clause is only allowed for non-profit distribution, and is probably
not relevant to the NordicTrack situation ]

Perhaps you could ask NordicTrack Katie if you could speak with one of
the engineers who works on the software or hardware of the device.
They might better understand what you're requesting of the company,
and may be able to provide you with the CCS (Complete and
Corresponding Source code) or at least pass your request on to the
appropriate department or individual in the company.

Best,
--R