what does the license say? provide source when asked or publish source?
OSI is not clear on this either. ("Where some form of a product is not distributed with source code, there must be a well-publicized means of obtaining the source code for no more than a reasonable reproduction cost, [...]")
I hate to be that guy but publishing source online for free theoretically involves unbounded distribution costs that can't be recovered. That isn't the issue here but it should be considered before changing a license.
Spirit of the law vs Letter of the law argument. Which ever side of the coin you stand on.
Google became one of those OEMs that drag their feet and make it a hassle to publish the source code. This happens because they are not interested in open source Android anymore