Fairphone does not provide any source code for its Fairphone 3 phone. They admit this on their website and also confirmed this to me in an email:
We really appreciate your feedback and concern, but unfortunately at this point the source tree still on the working process. It will be published eventually once the responsible team considered it is ready.
I believe them that they want to release it eventually, but it's not legal to delay like this, right? Assume I have the phone in my hands right now (note 1).
On their website they also claim that
As parts of this kernel are owned by third parties, we need their permission first
But this isn't possible either I believe. Or is it possible they signed some contract that said they can't redistribute the source, even though by using it they also agree to the license which requires them to distribute the source?
On the printed materials distributed with the phone the only relevant section is the following:
Fairphone provides mobile phones using Android OS with GApps. For this OS Fairphone will provide software updates and fixes. Please note, Fairphone only supports unmodified, officially released software...Software is an essential aspect of the mobile phone and Fairphone will make every effort to provide timely updates and fixes...You may not resell, sublicense, rent, lease, transfer, disclose or lend this software to any third party. You may not modify, alter, reverse engineer or decompile this software.
This seems to obviously contradict the GPL and I assume is null and void - right?
Note 1: I don't actually own the phone, but please assume I do - if I thought I could get the source code as a phone owner, I could and maybe would buy the phone. It's readily available from stock where I live. Nowhere in my exchange of email with them they said or even hinted at the possibility that their answer would have been different had I attached proof of purchase or asked via another channel that could be indicated on a written notice distributed with the phone.