My point though is that when someone releases code under the GPL, they give a license - to the code being released just then - to everyone that gets that source

My point though is that when someone releases code under the GPL, they give a license - to the code being released just then - to everyone that gets that source code. This is what the GPL says. Yes, they don't have to - but they are being nice and releasing it under the GPL. I don't see where it says that the license being given is not to people that violated the license on previous software being released. Again, if you argue that, then you get into the problems with "is this the same as the software from before" that I mentioned.