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by dedward 5325 days ago
A quick browse of the code shows mostly code that appears written by the Prey developers (Fork Ltd.), and a few BSD licensed libs.

Assuming that's the case, they are free to release the code under as many licenses as they want (as long as they don't violate the BSD parts) - it's their code. They can release a GPLv3 version to the public and still publish to Apple. The copyright holder is not bound by the GPL if he releases his own code under GPL.... he already has all those rights, and more.