But when you pirate something the original owner does not lose anything physical nor does the act incur any monetary loss directly.
But if you wouldn't buy it anyway then there has been no monetary loss at all.
Note that I am not pro-piracy, I am just pointing out the phallacy of your logics.
Well, the author of these patches has indeed given such permission: he is patching GPL licensed software and thus it all remains derived works. He cannot distribute binaries legally without also allowing access to the sources _for free_ or else he will be breaking copyright laws.