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I've known about this for months and never thought anything of it.
Of course if you punch in the actual path/to/the/theme.html it's going to display it contents, thats just common sense. It only renders as text, after all the browser is outputting what it thinks it should.
Theres no code to steal, most of it is part of the basic XOOPS code anyhow; unless a person has a heavily modified theme.html, but in most case such a person is experienced enough not to do domething like that.
The basic XOOPS code thats already displayed is so minimal, it is not an issue to me personally because anyone can download the XOOPS package and look it up themselves anyway.
I just assumed after all these many months that it was widely known. Not even an issue as far I'm concerned, but others may make it more then what it seems.
It's not stealing code when it's freely available anyway. Any coder worth his salt is not going to put custom PHP functionality in the theme.html
Just my .02 cents.