Yeah, no, they couldn't do it to the kernel. But that's not really the interesting part of their product. It's all the software that they as a company hold the copyright to. If they solely hold copyright on all their own code or if they have permission to relicense from their contributors, they can take any or all of their products closed source, and when I say "their products" I specifically mean the things they as a company produce, which they built on top of open source projects that they don't control.
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