This has been brought up many times in many of the cases. IIRC, it has repeatedly been ignored as not an official statement (same w/ his past blog posts) and that the original intent is unrelated to whether they are protectable.
IANAL, but it's surprising that the original intent, or the manner in which a product was sold, would not matter. That means a company can trick people into an ecosystem by lying about their licensing terms, then suddenly pull the rug out?
