"If Perens wins, then effectively anyone doing their own kernel hacks is in breach of GPL2 if they don't publish their hack freely. That would, ironically, include the entire kernel community for the time between when they save a source code file they've altered and when they push it back up to some public GIT repo. That would be absurd."
? i am confused. Where is any clause that requires you to publish anything, even less for all to access? GPL does not, to my knowledge, limit _any_ modifications you do in your back chamber. And it requires you to re-license under GPL and add source code to binaries _that you distribute_ - so if you modify source code without compiling it, you can do with it whatever you want - keep it, share it with some people, share it with the world,.. - it just needs to contain source code and must be gplv2 licensed. There is no clause in the GPL to force you to make your code publically available, but if you do, it has to be GPL'd code w/ source.. and that includes the right to re-distribute without any limitations