Yeah they are, in a number of ways.
A. To see the source, you must install which requires accepting the EULA. (EULA states no reverse engineering, or re-release)
B. The source is not complete, he attempts to keep his magic private, however it touches non-system GPL libraries making his code GPL whether he likes it or not... he must release it in binary form.
He can still charge to cover distribution costs but he must publish full source.