I'd argue there's a difference between shipping source code, and actually embedding it in your page via a <script> tag. Once you embed the script into your page

I'd argue there's a difference between shipping source code, and actually embedding it in your page via a <script> tag. Once you embed the script into your page for execution, you're building a derivative work -- not just publishing technical details. Otherwise JS would become a universal patent loophole, which I'm pretty sure a judge would find fault with. (IANAL also.)