It will most likely be tainted in the eyes of the WP "elite", but frankly who cares. It won't prevent it from being a success nor will his sales suffer because of it.

You don't need the support of the WordPress "elite" to be successful. The entire commercial theme and plugin market is proof of that. So if they have nothing better to do, let them get their panties in a bunch over it. Ultimately it won't matter to ThemeGarden or Press75.

The high school like politics surrounding the entire licensing issue is so juvenile.