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Extending the GPL to themes and plugins is debated ad nauseum on the Web, but WordPress themselves are clear on the issue - licensing a theme under the GPL is an option, not a requirement. From their developer FAQ:
"Most plugin and theme authors choose to license their plugins and themes under the GPL. Also, keep in mind that if your theme or plugin incorporates code from another theme or plugin that uses the GPL, you will probably need to license your theme or plugin with the GPL as well. If your theme or plugin is completely independent of other WordPress code, themes, and plugins, then you can probably license it however you would like. "
They use words like "probably" because they can't provide legal advice. They see themes and plugins as calling bridge functions in the WordPress Codex. The FSF allows for such "at arm's length" communication between a free and non-free component. As long as a theme only calls code via the standard bridging interface, and never cribs it from the WordPress Codex or calls it via a non-documented manner, its authors are free to license the theme or plugin any way they chose.
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