Wow, that's incredibly lame on Nick's part. If the API is the same, but the underlying code is completely different then that it not a 'port', or a derivative,

Wow, that's incredibly lame on Nick's part. If the API is the same, but the underlying code is completely different then that it not a 'port', or a derivative, that is a different product. That's like saying a Macbook and a Viao both have a screen, keyboard and USB ports and so they're the same thing for licensing purposes... Unlikely.