The emphasis should be more on released applications rather than commercial status -- my understanding has always been that if you are not providing the application to the public (for profit or otherwise) then there is no violation. After all, if you can't get your hands on the application, why should you expect access to the code?

Put another way -- there is no violation pre-release. If you never release, there is never a violation. If you never release beyond in-house, there is still no violation. Profit is irrelevant to that dynamic.

Matt