OK, just to clear a few things up... (in public)
I never expected xecuter to release their code, in fact, I talked to another "established member" of the scene early this morning, before Ubergeek replied to the GPL question, and he said that it would end up that xecuter more wrote their own code than copied the existing code; this is of course not what was said the whole time by xecuter, so my apologizies to team xecuter if I came off as accusing of wrong doing more than being inquisitive; I can only go off what is told.
I am fully aware that this is the "xbox scene" and that there are far more legal concerns than using each others code, esp. in the area of kernels.
I stand by that it would be nice if team xecuter released more info and code (not only for the kernel, but apps such as flashx, which could then be used by others), but again, as I said before, everyone has the "its my code, shoo" feeling. I am sure many people will agree with this. Will it ever happen? I doubt it. Just as, the evox sources will never be released (as Ubergeek mentioned).