Sure, but too much of that and they'll end up with a competing fully OSS
fork. Having said that, if the source is GPL-ed, I'm not sure they are
legally allowed to not publish the commercial patches.
AFAIK, although I'm not a lawyer:
They may do as, as long as they have the copyright of the source code.
Being owner of the code, they may use whatever license they like to
distribute their commercial version (even source, if they would like).
Only if they got permission/licence/copyright assigned from all
contributors who have code in the current version.
Gordan
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