3) They released a binary and included the GPL license as part of the binary release licenses thus committing to the GPL in that release while not making the code available.
If they owned 100% of the copyright, then it still wouldn't matter. The GPL gives additional permissions, along with some restrictions / obligations, to Licensees. As copyright holder you are not a Licensee.
You do not need to grant yourself a license to distribute your own works. You always had that right.
Besides, who would sue you? The only person who has standing is the copyright holder. You're gonna sue yourself because you failed to honor the terms of a license, which was granted from yourself to yourself?
You do not need to grant yourself a license to distribute your own works. You always had that right.
Besides, who would sue you? The only person who has standing is the copyright holder. You're gonna sue yourself because you failed to honor the terms of a license, which was granted from yourself to yourself?
If they didn't own 100%, then see 1).