“PHP in WordPress themes must be GPL, artwork and CSS may be but are not required.
…
Even though graphics and CSS aren’t required to be GPL legally, the lack thereof is pretty limiting. Can you imagine WordPress without any CSS or JavaScript? So as before, we will only promote and host things on WordPress.org that are 100% GPL or compatible. To celebrate a few folks creating 100% GPL themes and providing support and other services around them, we have a new page listing GPL commercially supported themes.”

The legal opinion was provided by Software Freedom Law Center. Council James Vasile provided the findings and blogs at hackervisions.org . James also has posted about this on his own blog in the article “CMS Themes and the GPL“. As I commented there, my fear is:

“people read what they want to get out of it, and case law is the only thing that moves them.”

The legal finding and unchanged policy  are consistent with the intentions of the WordPress developer community and what has been promoted for the four years I’ve been involved.

Talking about licensing really is the suck. Matt’s article became necessary lately as some commercial theme developers have been very aggressive to WordPress community members, who have shared theme code as allowed by WordPress’s viral GPL v2 license.

It frustrates me when I read commercial theme developers complaining about people “stealing” their themes after the thousands of hours they have worked. They make no mention of the hundreds of thousands of hours others have worked on WordPress (counting on the  GPL protecting their freedoms ).

The incredibly exciting news is seeing the various commercially developed and supported themes embrace the GPL in the last 9 months. Theme collections like ThemeShaper (Thematic FrameWork), StudioPress (previously Revolution 2),  and WooThemes are all 100% GPL — those are just the ones I’m familar with, be sure to check out the theme offerings of the other commercially supported GPL themes.