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actually it is never a violation of the terms of use to make changes to an open source project. It is a violation of the terms to distribute it as an executable without making the source code available upon request to the people you are distributing it to. And that is assuming you have an open source license that specifies that, like the GPL.
1. You can make changes to it, and keep them to yourself, and refuse to share.
2. You can sell / give copies of it, changed or not, as long as you make available the source code of what you sell to the people whom you sell it / give it to under the same original license (someone can buy it from you, and then legally put it and the source up for everyone to download for free).
etc.
But he is not violating the license if he refuses to give YOU the source code, unless he gave YOU an executable compiled from said code.
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