It's true that tomtom didn't provide source when it first started shipping devices back in 2003/4, but it quickly fixed that when Harald and co gave them a hard time, and accepted that that was the right and proper thing to dso. I did some work for them shortly after that time and was impressed with the technical guys still running it, who were smart enough to employ some of the people who had accused them to work on their 2.6 kernel port (as opposed to wanting never to hear from them again). I don't think many companies are that smart.
Having not been involved for the last 4 years I can't say anything about their current attitude/business practices, and the recent failure to supply corresponding code does suggest some backsliding, but in a fight between a purveyor of very fine navigation devices that despises software patents and has been using a linux base for a very long time, and an overbearing patent bully with some thoroughly crappy patents (read them!), I know who's side I'm on.
Of course sorting out their GPL compliance immideiately, if not sooner, would be a really good idea if they want us all to help fight their corner.
Tomtom do now have some patents of their own (28 in EPO, not all software, 269 worldwide, according to espacenet), but I think they can make good case for only doing this as a defensive measure. Their first EPO application was 2005-09.
Tomtom has already had a complicated fight with Garmin who have sued them over various patents on car navigation systems in feb 2006, followed by much countersuing. I guess they'll be thoroughly unimpressed with the swpat situation by now.
In a sensible world anyone would just be able to make satnavs and consumers could choose which ones they liked best. Trying to own the various ideas and techniques involved is just wrong.