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Wordpress studio designers are having this very issue do to the way WP is licensed. There's a lot of back and forth about the ability to copyright a design and the owner of Studio Press said in a recent interview that there is "nothing he can do" if someone takes one of his themes, grabs the code and calls it their own.
Lucky for him, his free language (php/mysql), free server operating system (likely centos), free codebase he builds templates for (wordpress), and likely free graphic editors(gimp) and free test system operating systems keep his costs down.
If it were not for millions of hours of community / free work, the internet wouldn't even exist. The whole internet would be crippled if linus torvalds hadn't written the linux kernel and given it away, and the GNU community hadn't written all the software that drives it. Imagine what software companies would have charged, it would have never even gotten off the ground, unix used to cost several thousand for license fee for 1 server back when Bell labs had a monopoly.
People who want to make more and more forget where they got the tools to make money in the first place, and it wasn't some jackass crying about license fees.