>It's not a GPL issue. It's perfectly clear in the stable patches terms of service that you're *not* supposed to share the patches in the wild.
Supposed != not allowed. Whilst they could in theory revoke access to whoever shares them, the GPL cannot be overridden by any such terms of service or non disclosure agreements. I would like to see grsec become more mainstream thanks to projects such as this, but if upstream wants to limit that I guess it's their choice.