Initio Violating the GPL?

In potentially one of the first direct attacks against the GPL, we received the following from yacc: "I've been wondering about INITIO 9400UW support for Linux (the idea is cool: 4 UW-SCSI channels on one PCI card). In looking around, I've found the following page, which offers a 2.1.x Linux kernel zImage binary only, requiring you to sign an NDA. Just wondering how this can happen, and whom to contact to correct this problem? (I'mean, a binary only module would be not much better, but at least legal, right?)" S: Unlike a company using GPL'd software internally this qualifies as external distribution and must be accompanied by source as I understand it. It is unclear whether they intend to release source code eventually or not given that they have released source code previously, but never-the-less they would still be in violation of the GPL. update: Just got an e-mail from a Paul Peissner at Initio who will force the issue to be addressed at a meeting at 1:30pm Pacific Standard Time. Update 2: Apparently this was a mistake due to a new web admin. Source should be posted shortly, and Initio would like you to report any bugs/patches to them as they are the maintainers. Business as usual. Final Update Source code is now posted. Thanks, Initio.