В FAQ чуть иначе все (https://www.gnu.org/licenses/old-licenses/gpl-2.0-faq.html#T...):
If someone steals a CD containing a version of a GPL-covered program, does the GPL give him the right to redistribute that version?

If the version has been released elsewhere, then the thief probably does have the right to make copies and redistribute them under the GPL, but if he is imprisoned for stealing the CD he may have to wait until his release before doing so.

If the version in question is unpublished and considered by a company to be its trade secret, then publishing it may be a violation of trade secret law, depending on other circumstances. The GPL does not change that. If the company tried to release its version and still treat it as a trade secret, that would violate the GPL, but if the company hasn't released this version, no such violation has occurred.

Фактически если бинарники были доступны как либо иначе (даже за деньги), то такое копирование легитимно дает право получить исходники, разве нет?