Kafka was already FOSS, so anyone can vendor it, what Confluent has that gives it an edge is the ecosystem of tools that make Kafka more useful, e.g., Kafka Connect connectors, Schema Registry, kSQL etc.
(Although I'm of the opinion the last one exists mainly to dazzle engineering VPs. The abstraction leaks rather quickly IMO, just using Kafka Streams or Flink from the get go)
When I was at RH, we couldn't ship or bundle or provide any of the above in our FOSS projects, because of that licence, so hey, it was working I guess.