Actually, Rick Moen (LinuxMafia) and Bruce Perens both had discussions with LinuxOne and you CAN get the sources from them now.

Neither is very HAPPY with LinuxOne, but they are no longer in violation of the GPL.

It should be noted that what happened with LinuxOne, as a nice parallel, is exactly what I am describing with Empeg. They said "Want the sources? Ask Red Hat.", and the community came back with a clear response, from lawyers, saying "nope, YOU need to make it available", and finally they caved and agreed, achieving lots of bad press at the same time.

That's what I suspect will happen with Empeg, if you guys don't watch your step.