"No. Because then we will say "You took the code from GPL-version of the soft". Because the code will be have only slight difference."

This would be just a statement without any evidence.
Since there _is_ a version of the sourcecode licensed under a licence which allows making the code proprietary, it's just legal to do it, no matter if there exists a similar version of code with gpl. Anything else would just be absurd.

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