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So, again, how is WPMU not distributing WP themes and plugins to WPMU users (i.e. "the public"), if not by transfer of ownership, then by "rental, lease, or lending"?
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Because the users don't receive a copy. They are *using* the files, but they cannot get a copy to do with as they see fit - like you do when you rent a movie, for example. That's the difference.
In
wp.com's case, it's like people are going to watch the movie at the theater, for example - not getting their own copy on DVD (or torrent, whatever :P )
Use or participation is not distribution. We're using this forum, but we all sure don't have a copy.
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shouldn't we be looking more at how other people are hurting the community by not honoring the GPL
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Yes, we probably should. Remember the early days? If a "bad" company went around, people knew about it, word passed, they all stayed away, bad guys went home.
Now? Community's tooooooo big for news like this to travel.