i'd separate the argument here on the issues of compiled binaries and source availability. the xbox media player serves as a good example of how a GPL'd open source project can work on the xbox. their cvs will let anybody grab the source (and contribute diff's too), but to get compiled binaries you either have to
a) compile them yourself using your own licensed copy of the xdk
b) compile them yourself using your p1r4te copy of the xdk
c) download the compiled binaries from somebody else
anything outside of option a is illegal, and as such the xbox media player developers do not make compiled binaries available (not that you have to look to hard to find daily cvs builds).
now, xport hasn't really made the compiled binaries available any moreso than the xbox media player developers have. you can get the binaries, but you're running through questionable channels to do so, so you'd have to assume some of the risk here.
however, pcsx is licensed under the gpl, which clearly states any derivative software must come with published source, or directions on how to get the source. i think it's offensive to the original authors that somebody would use their work on an open source and gpl protected project as a foundation for their own work without releasing the source as required by the terms of the license under which the source was released. i really think xport should step up to the plate and comply with the terms that he agreed to by using the GPLd sources.
on the other hand, he may not care a whit about the legality involved, and would just rather dump working emulators on the scene and hide behind his handle while pissing off the original authors of the emulators that he's using. while a part of me appreciates this desire, i think it's counter productive in the long run. the original authors can provide a lot of support for future porting efforts if they have trust in xport (and whomever else) complying with the terms of the source license. xport has done a tremendous job porting these emulators, but i somehow don't believe that he's an emulator author himself. as such, his continued access to current and future emulators to port to the xbox relies on the good faith of the original authors. if he continues pissing in this pot, i think the whole emulation scene (on all platforms) may suffer by destroying the good faith that exists within the emulator community.
edited to remove the damn smiles