Red Hat does “subscribe” to the software they ship and fully complies with the terms specified for them to do so. Again, rhetoric completely at odds with the facts.
Let’s be explicit about the “loophole” that keeps getting talked about. What is it?
The GPL outlines a bunch of freedoms that you get when somebody distributes software to you. It does not provide any rights to anybody that has not been given software. Is that the loophole?
Red Hat provides CentOS Stream to everybody and so it, along with all its source code and everything else is available to the public. Only RHEL subscribers have any rights to RHEL because they are they only ones that get it from Red Hat. The public has no inherent right to RHEL, code or otherwise. This is of course compatible with the GPL and not in some nuanced tortured way but of course with its core purpose—to grant freedoms for software that you use ( have been given ). Is that the loophole?
The GPL talks about the rights you have regarding software you have already received—that you use—not software you may or may not receive in the future. Is that the loophole?
Importantly though, we are not talking about an individual package covered by the GPL. We are talking about RHEL, which is a collection of software of which less than half is even GPL licensed. On that basis, I submit that the following text ( extracted from the GPL itself ) might be the “loophole” that you are referring to:
“Inclusion of a covered work in an aggregate does not cause this License to apply to the other parts of the aggregate.”
Again, that language is quoted directly from the license.
Is that a loophole? Because it seems like a very specific provision to me. Did the authors of the GPL say that the GPL does not extend to all of RHEL by accident?