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 I have not distributed software to. Is that the loophole?
Imo the loophole is that RH is disrespecting the rights people have under the GPL by threatening negative consequences when they use those rights. E.g. you can’t say I have the right to freedom of speech and also break my arm when I do it, just because I can physically speak about whatever I want. Respecting rights includes not punishing someone for using those rights.
Of course technically they are in the right, but imo it still violates the ethos of OSS as I see it.