"The legal risks of non-compliance" are the exact FUD the old Microsoft spread. If someone doesn't follow the GPL then they don't have a right to reproduce the software and can be liable for copyright infringement, which is the same as any software license proprietary or otherwise.
That someone wouldn't be liable if they distribute the source for their modifications doesn't increase the risk, it decreases it by providing an alternative to paying damages for infringement that they otherwise wouldn't have, since the GPL author will typically accept compliance in lieu of monetary damages.