There are no rights being waived. The GPL doesn't say anything about entitlement to future versions of the software. Would not make sense.
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It's not closed source. Customers buy the source code. They don't purchase binaries. Public vs. non-public is irrelevant to the GPL.
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GPL doesn't require publicly publishing source code, but rather giving it to customers under the terms of the GPL. That's the *product*.
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The product is not a kernel build. It's the grsecurity patch, applied by the customer to their kernels and run on their servers.
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The users with rights granted by the GPL are the grsecurity customers, who are purchasing the patches to apply to their kernels.
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Even if the patches were not GPL compatible (and they are), is it infringement to distribute them as source code or only to build/run them?
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Is ZFS on Linux infringing on the GPL simply by publishing the sources, or the infringement (if any) when users build and run that code?
End of conversation
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