In theory that would not be copyright infringement as you describe it, since the entity that would be accused never distributed the GPL'ed licensed work.

There is however a big caveat whenever you try to "hack" around law. If the author explicit state that "I do not wish X to happen to my work" and someone technically comply but in practice make so X happens anyway, then a judges ruling can go anywhere. See the Pirate Bay or the Aereo case where arguments for such "hacks" has been made.