I don't think we should bend the rules or even ask closed source theme developers to bend their rules for us. If they were open to other developers extending their software, they would have made it some type of open source license. Also, by showing were the line is drawn, the public will start to see the difference between open and close source.

Doesn't it seam like these close source developers are like leaches in a way? It's like a one-way road. I'd go into more detail, but I just realized I'd either be talking to the wall or get into an argument about how close source theme developers give back to open source.

I think WordPress.org should speak out against right & privilege limiting licenses. It creates complexities. Plus, I think Brian Gardner has shown us how theme developers can do it the right way under GPL.