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Originally Posted by Quagmire
Right, but this is where more confusion comes in to play. Many (yeah, I know sorry about the generalization without posting proof) companies and people release their themes and products under GPL without fully understanding what they have done, and once it is out you don't have the right to claw it back.
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Right, and in the case of Headway themes he didn't like it but he can't take it back. That isn't the case with the majority however. For example: Thesis, Templatic, Themeforest (the largest?), ElegantThemes, etc... are all split in some way.
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Again, I am being lazy sitting on my couch so I am not going to hunt down links and examples, but the other part of the argument that has been put forward in the online communities and never actually legally tested in court is the split licence on something that was built purely for WP. The ongoing argument being that something that was built purely for WP falls under standard GPL. AdultKing touched on this earlier in the thread.
I am not a lawyer, and don't play one on TV.
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The GPL has been tested, and this legal opinion was official from the GPL attorney. That's about as official as it needs to be really. If you're going to get taken to court over it, he'd be the one taking you.