From your search link, I don't see any results of cases where the infringement wasn't based primarily on redistribution of the original work. I don't think tha

From your search link, I don't see any results of cases where the infringement wasn't based primarily on redistribution of the original work. I don't think that Thesis is distributed with a copy of Wordpress. I definitely think it's a sketchier argument to make with a theme. Settlement of a case doesn't always mean that the defendant is going to lose either. It can also mean that the cost and distraction of a protracted suit makes it easier to swallow the cost of the settlement.