Copyright law prohibits distribution of derived works. The LGPL is a license which gives permission to distribute software if certain conditions are met. In this case the license is from the many authors of Webkit and it permits Apple to distribute a derivative work (the iOS browser). If you think about it that way then "immediately" doesn't really come into play. If Apple provides a copy of the source when asked, they're complying with the license. If they don't they have no license. Technically, they are infringing copyright every time they distribute a copy of iOS.
If someone sues, would a court award damages for the copies distributed or enjoin distribution of iOS until they comply? I doubt anyone knows because AFAIK no case has ever made it that far. Typically (L)GPL disputes are settled long before they make it to court, because the cost of litigation for both sides is high compared to the remedy desired (release of modified source).
I wonder if there's a role for "Copyleft Trolls", i.e. litigators who acquire copyrights to GPL or LGPL source, then sue license violators with the intention of collecting damages rather than just compelling release? US copyright law allows statutory damages of up to $150,000 per work infringed.[1] If each source file is a separate work, there could be a lot of money at stake. In other words, the Righthaven strategy[2] applied to source code instead of newspaper pictures. Perhaps I should apply for a business method patent on that idea.[3]
If someone sues, would a court award damages for the copies distributed or enjoin distribution of iOS until they comply? I doubt anyone knows because AFAIK no case has ever made it that far. Typically (L)GPL disputes are settled long before they make it to court, because the cost of litigation for both sides is high compared to the remedy desired (release of modified source).
I wonder if there's a role for "Copyleft Trolls", i.e. litigators who acquire copyrights to GPL or LGPL source, then sue license violators with the intention of collecting damages rather than just compelling release? US copyright law allows statutory damages of up to $150,000 per work infringed.[1] If each source file is a separate work, there could be a lot of money at stake. In other words, the Righthaven strategy[2] applied to source code instead of newspaper pictures. Perhaps I should apply for a business method patent on that idea.[3]
[1] http://en.wikipedia.org/wiki/Statutory_damages_for_copyright... [2] http://www.google.com/search?q=righthaven+site%3Anews.ycombi... [3] http://en.wikipedia.org/wiki/Business_method_patent