If Elbox did that and didn't adhere to the AROS Public License ... well, they'd be doing pretty much what they're already doing, I guess (there's some Linux kernel stuff on their web site, no source code available).
APL is horrid license IMO with holes in you can drive a supertanker through. Regardless what RDB cowboys do and don't do, APL needs to be phased out and replaced by LGPL/GPL licensing. You have a slim chance of getting someone to push the GPL/LGPL licensing infringements, but under APL, you have absolutely no one to assist with infringements.
Dammy