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I'm not sure they have the choice about whether or not to GPL it. They are building on GPL'd code, which means their code must be GPL'd. Perhaps there's a formal way to say, "we won't go after you if you use our code against the terms of the GPL, but we can't control what Drupal does".



or they can't use GPL software because of the license....

They really need to obey the law and should have an actual statement about how this works.




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