Whether this is true or not is no longer the issue. What is important now is that the cat has been let out of the bag. Pandora's box has been opened and Apple, through no amount of legal intervention, can stop what they, themselves, brought into being. Themes were a great idea. We do this not to smite Apple, but give the public what they want.
Themes are what MacOSX needs and what the people deserve.
Well, our method goes back to an ancient Chinese proverb. Give a starving man a fish and he will not be hungry for a day. Teach a starving man to fish and he shall never be hungry again. We intend to teach you how to fish. MacOSX.org was lucky enough to work under the tutelage of Steve Partos who taught us how to make our own themes.