Quagmire, it is a dead horse but I was asked to provide proof, and that my comments were vague. I took the challenge.
You're wrong about the argument. It's much more than that, it's understanding that themes are released GPL compatible and that isn't the same as having assets also released under GPL.
WordPress - GPL Attorney response
http://wordpress.org/news/2009/07/themes-are-gpl-too/
To help clarify this point, I reached out to the Software Freedom Law Center, the world’s preëminent experts on the GPL, which spent time with WordPress’s code, community, and provided us with an official legal opinion. One sentence summary: PHP in WordPress themes must be GPL, artwork and CSS may be but are not required.
Quote:
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In conclusion, the WordPress themes supplied contain elements that are derivative of WordPress’s copyrighted code. These themes, being collections of distinct works (images, CSS files, PHP files), need not be GPL-licensed as a whole. Rather, the PHP files are subject to the requirements of the GPL while the images and CSS are not. Third-party developers of such themes may apply restrictive copyrights to these elements if they wish.
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