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What a revolting development, indeed. But... In 2001, Apple was able to patent (not just copyright) their Aqua theme (and yet there are Aqua themes for Firefox floating around Windoze world today). So there's no precedence to be set here. You can't patent/copyright an idea, but a design is not an idea. Rather it's an implementation of the idea. If anything, I think there should be a precedence set that says "you can't copyright a design, only the implementation of that design".
On closer review, it does appear that they are really "giving it away"--no cost, and no royalty. I don't get it. Why bother with the license, then?

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