I’ve heard Matt say “if we’d intended those kind of exceptions we would have put them in the license”. I wish they’d stated their intentions 5 years ago, or better, in the license to clarify the it. The license does have a certain amount of ambiguity to allow software creators to determine what they consider derivative works.

Themes could have easily been specified as non-derivative linked items if WP.org said so. It’s obvious now that they don’t want that to be the case, but as far as I can see it’s only been with the advent of really awesome themes (and proprietary themes) that the distinction has finally been made.

For some it will be a life changing (or at least business changing) decision to make and/or use GPL themes. You’re right, there’s no point complaining about it, but I think it’s a valid complaint that the creator’s decision wasn’t clarified sooner (with actual reasoning behind it, as opposed a vague, non-enforceable expression of personal preference).