It would only be a No-True-Scotsman argument if the original statement of Linus' Law were, "In an open-source project, all bugs are shallow" and someone were no

It would only be a No-True-Scotsman argument if the original statement of Linus' Law were, "In an open-source project, all bugs are shallow" and someone were now trying to claim that GnuTLS wasn't open-sourcey enough. In reality, the law is about code that has many eyeballs on it, and it's a fair argument to point out that evidence suggests GnuTLS didn't have that many eyeballs on it.