[thaumasiotes]

> But there would have to be someone who's received a BMW car (i.e. distribution) for there to have been distribution in violation of the license.

This is a pretty trivial standard to meet. BMW sometimes sells multiple cars in one year.

[lmm]

Sure. So the question then becomes did they a) fail to include the required written offer with one of those cars or b) not honour that offer for any third party? And the answer to both of those is no.