I wonder how this works out since the work being derived is GPL-licensed. My impression was any GPL-derived work must also be licensed under the GPL, and as such any source code used to build said work must also be released freely to the public. (On another note, this means that while I have no problem donating to TW to use some of their donation-only ROMs and kernels, I don't think it's allowable under the GPL to not release the source code - or at least, someone could leak donator-only ROMs and kernels knowing the GPL specifically allows this to happen.)
Is this not the case? I feel like with the events of the past 48 hours and both Eugene and TeamWhiskey releasing fully working 2.2 ROMs, this little tidbit is being neglected. Furthermore, if the complete GPL-licensed leaked source code was released publically for all developers to use, I feel like such animosity that we've seen lately between developers would be mitigated.
I think the main point you're missing is that it hasn't been released publicly. I think the last line of the Op states that when it is released publicly publicly Tw will also release the source code.
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