This app was mentioned in 3 comments, with an average of 1.00 upvote
You could do that a year ago.
Thanks USA Today for being stupidly behind the times.
> I don't see how it is irrelevant. Simply using code is not an acceptance of the license.
You can't remove the GPL license from GPL code. Once the code is GPLed, it will remain GPLed forever (if you are the owner of the code you can change the license for future versions, but it won't affect current versions, as we kinda saw with OpenSolaris and saw twice with OpenOffice).
If you use the GPLed code, then any other code that you merge with it will have to be under the GPL license as well (or you won't be able to use the GPL code).
Even if they haven't officially released the code under the GPL, it is still under the GPL. You could theoretically run into issues with being sued by the company, but that could happen even with stuff that is properly licensed (Cards Against Humanity breaching their CC BY-NC-SA license to get apps to not use their name or colours despite the license allowing for it jumps to mind, among others).
The biggest potential issue is if they merged code with a different license that they don't own (as they are not allowed to re-license that). If they own it, then merging it automatically re-licenses it. If they don't own it, then they just created legal issues from both ends and could be sued by the owners of the GPL code and the owners of the non-GPL code (unless it is under a license like Apache that allows for re-licensing).
.
So, essentially, it is an acceptance of the license, but it doesn't protect you from them being dicks, or from them fucking up and using it when they can't (which leaves others open to issues).