Violation. And at the moment, nothing seems to be happening? Are they due to a punishment, or, according to the claims, they would just not be allowed to use the software anymore? Since they are not using it at the moment, there is nothing to see?
As I understand it, there's a few different possible paths here:
Currently, they are not due a punishment- they need either to publish the source code (whole thing goes away), or if they do not, then their license to use Mastodon is permanently revoked. If the use the code after that, then they might be subject to damages.
That said, it's likely that they would be able to successfully argue in court that the 30-day timer that has ostensibly started, is invalid. This would be because of the (IMO quite reasonable) point that the site was not intended for public access, and access that occurred was due to misconfiguration.
Frankly, it's annoying to me that this happened as it did, because the early access created this grey area of "does this count as a violation or is it just accidental", allowing people's personal politics to color how strictly this should be enforced. If the site had launched for real with the violation (or with the source code), everything would be much more clear-cut.
Was going to post some prior discussion links, but there are over two pages of Google results for unique HN links on the topic: https://www.google.com/search?q=news.ycombinator.com+trump+m...