The point is that merely communicating with it (i.e. GET / HTTP/1.0) suffices to establish that requirement, even if you are not serving or providing a binary over the network as you previously said.
I agree with you. I didn't mean to imply that the binary must be served over the network -- merely that the server is used over the network. The point I was trying to convey is that you only have to provide the source code to the users of the server -- not everybody in the world.
