@Gaz - It wouldn’t make sense to have a non-GPL theme available on WordPress.com, given all that’s happened..

When would it ever have made sense?

Also:

David's point is that Cutline was never more- or less-restrictive than it is currently, licensed under Creative Commons, since it has always been licensed under Creative Commons. Thus, it is a falsehood to claim that Cutline is now under a "more restrictive" license than it was when it was distributed to wp.com.

The only mention that Cutline was ever licensed under GPL comes from Matt himself. I've seen no corroboration of that claim. (Perhaps someone has a copy of the allegedly GPL-licensed version of Cutline? That would settle the matter, for sure.)

Further, if the version of Cutline hosted on wp.com was licensed under GPL when it was distributed to wp.com, then it remains GPL - regardless of the license of any subsequent version(s) of Cutline. So the claim that it is somehow "less free" than it was when it was first distributed to wp.com is just completely untrue.