GNU Public License violation?

GNU Public License violation?

[Karel Kulhavý]

Hello Mr. Carter,

I have discoveder that the CD Adaptec bundles with
"Adaptec Serial ATA RAID 1210SA" contains Linux Kernel executable.
(the cover of the CD says: "The CD will boot into Linux and
provide the following menu selections", I also tried to boot the CD
and it seems to boot Linux Kernel.

However, I didn't find any Linux Kernel "complete corresponding
machine-readable source code" accompanying the Kernel binary
(http://www.gnu.org/copyleft/gpl.html, 2.a). 

Neither I found any "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" (2.b)

I did an exhaustive search in the CDROM and accompanying booklet for these
prerequisites and didn't find them. There isn't anything more in the box in
which the controller is shipped that I could perform a search in.

Thus I suspect you from GPL infringement. Can you explain how you adhere to GPL
here?

Copyright infringement is a criminal offense in Czech Republic, where this
product has been obtained. An appropriate, but not mandatory, step taken in
such a case is to inform state organs that such an infringement takes place.
However I suggest more smooth solution for example in form of supplying the
missing material(s) on the CDROM.

Regards,

Cl<