Good question. Rephrased a bit, and using the language of the GPL, your question is whether the GPL can be applied to a Program when its author does not convey all of the Program's source code.
I don't know the answer. But I can point you in the right direction.
You can read the GPL here: http://www.gnu.org/copyleft/gpl.html
You can also subscribe to a very good legal and business question and answer site called Quara [at quara.com] and read the answers to very closely related questions [see http://www.quora.com/Does-the-MIT-license-require-attribution-in-a-binary-only-distribution and click on the "related questions" link on the right].
The above is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.Ask a similar question