There's a straightforward way to resolve this once and for all: <i>if Thesis is indeed GPL, then it doesn't matter what license Pearson uses - anyone can legally copy/distribute/modify/fork/sell Thesis publicly right now</i>, even if Pearson continues to opine that the code is distributed under a different licence. GPL is GPL.<p>Pearson will most likely sue the first person who actually does this (and refuses the Cease-and-Desist that precedes the suit). The courts will then determine whether or not Thesis is indeed GPL, or whether the distribution was in violation of Pearson's intellectual property rights.<p>Until someone actually does this, the debate will continue - there's enough ambiguity that the issue won't be resolved until ruled upon by the courts. I really doubt Matt/Automattic will push the issue - there's a lot to lose and almost nothing to gain. (Matt said in a previous thread he thinks Thesis' code is "junk" and doesn't want it in core.)<p>Until Thesis is publicly distributed and legally challenged, the status quo will continue: Thesis will <i>effectively</i> be private code, and Pearson's position will prevail.
Is it a crime to put your life into creating something, marketing it extremely well, attracting a ton of avid fans/users, and deciding that he or she doesn't want others undercutting the price?