I agree with you in spirit, Jon, but that's not technically correct. The GPL stipulates that Vlad & co must release the source if the
distribute their modified version. So long as they keep their changes in-house, there is no legal requirement to release their patches.
That's the GPL as it's written today. I don't know how future versions of the GPL will handle these cases -- is this a loophole, or true to the spirit of the GPL?