What does it matter that a state cannot compel a corporation to reveal its source code as a condition of distribution? The key is that the recipient of the distribution cannot make use of it without a license, pursuant to international copyright law and treaties. And you can indeed sue them for infringing on this, under copyright law, can you not? As a condition of use, they must also OFFER TO distribute the source code of any derivatives.
No one is forcing the actual distribution of the source code of derivatives. But if this distribution does not happen, the recipient CAN be sued for copyright infringement, lacking a license, no?
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