The source can be provided to users in many different ways. I could, gor example, burn it on a CD and post it yo the user. Or set up a FTP site which requires a

The source can be provided to users in many different ways. I could, gor example, burn it on a CD and post it yo the user. Or set up a FTP site which requires a user to login (a login they have from being a user.) That's not making it public, in the sense that "anyone can get to it." Of course the user can then fo whatever they like with it, including posting it publically to say GitHub. Other people can then download it. Of course, as an author I'm not required to keep you as a user. I might require (my) users to pay to be a user. I -might- ask users not to post publically to preserve my income and keep the product viable. If you do something that I feel hurts me I can choose to cease supplying you with updates. All of this is perfectly in terms with Free and OSS licenses. And has occurred. As an aside, there haven't been that many lawsuits. Where they have happened its usually with commodity hardware where an org like the FSF have been able to purchase a device and get some standing. But in most cases only a copyright owner can sue for copyright infringement. It takes the author to sue - and for most authors there are neither funds, time or desire to pursue such lawsuits.