1. I create a theme, never share it, distribute it, or release it. It is a theme only available to me. Its mine, all mine and nobody can steal the CSS etc...
2. I create a theme and release it to the Moodle community in the theme database released under the GPL license. Released as GPL as its based on Moodle (GPL) code - For example config.php is Moodle code.
Its free to everyone, to modify, copy etc...
3. A company creates a theme for a customer, customers pays X amount for the theme. Theme has now been distributed to 5 customers with varying levels of modification.
Its been distributed so therefore must be released under GPL? The customer is free to do with it as they like. Im free to take a copy of the CSS and reproduce?
These are purely hypothetical questions which i've asked myself and never been able to work out the answer to. A few people have also asked me similar questions, justlooking for some clarification.