GPL violation between two companies and the customer

[Florian Purucker]

Hello,
I know of a product of a company A and this device is running software
covered by the GPL. The company does not include the source code and it
also does not include a written offer to get the source code.

I informed the company about this GPL violation and they told me they
would release the source code if they had it. The problem is the product
has been developed by another company B and they did not include the
source code. However, company B only developed the software for the
product and does not sell the product themselves. So for the customer,
company A is the distributer of software covered by the GPL and they are
in violation of the license because they do not deliver source code.

How could company A that actually sells the product enforce company B to
release the source code to them without losing the right to sell the
product because they have unwillingly already violated the GPL?

Is company B also in violation of the GPL because they do not release
the source code to company A?

I would really appreciate any information you could provide on this topic!

Florian

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