If you make me a written offer to provide source code and then I follow up and write to you asking for the source code, and then following that you ship me a CD

If you make me a written offer to provide source code and then I follow up and write to you asking for the source code, and then following that you ship me a CD with source code on it, for all intents and purposes you have released the source code to me. I'm pretty sure that the definition of "release" is the problem in this thread.