The only story that Otto's post might end is one that demonstrates the scope of the problem and the lack of response to complaints like mine.
(1) Matt Mullenweg was quick to point out to Chris Pearson (of Thesis Themes) the following:
"It’s just that anyone violating the license is disrespectful to thousands of people that built WordPress and all of the other businesses that have respect for WordPress’ license."
"Well, if in the WordPress community people started deciding that the GPL doesn’t apply that’s a very, very slippery slope. Not just for WordPress but for all of open source. Like you said, there hasn’t been a court case yet in the United States because every company, including big ones like Cisco, have backed down. If Chris wants to be the court case that proves the GPL, I am sure there are many people in the open source community that would love that opportunity."
(2) The GPL states "If the program dynamically links plug-ins, and they make function calls to each other and share data structures, we believe they form a single program, which must be treated as an extension of both the main program and the plug-ins. This means the plug-ins must be released under the GPL or a GPL-compatible free software license, and that the terms of the GPL must be followed when those plug-ins are distributed."
(3) The Free Software Foundation (FSF) and the Software Freedom Law Center (SFLC) have rendered an opinion that WordPress themes and plugins are derivative of WordPress and therefore must necessarily inherit WordPress' GPL.
(4) US Copyright law defines a "derivative work" as follows: A “derivative work” is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications, which, as a whole, represent an original work of authorship, is a “derivative work”.
Yet Otto, a core WordPress contributor, today declares...
"Now, their pay version may not be GPL, but it doesn't have to be. If it's not in our repository, they can use whatever terms they like."
Jeeze, I can't imagine why there's so much confusion about these issues.