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AFAIK it is just the look. Don't think it is code. I have no idea if the case is winnable, but HTC is probably betting the developer will not have the money to want to fight it in court.
This is why I am all for a law where if you do take someone to court and lose, you're responsible for legal fees AND subject to a fine. This would make companies think twice before taking action and inspire lawyers to take cases on contingency.
I get what you're trying to say but I don't know if I agree. One of the best features of the Droid over something like the iPhone is being able to totally customize it to your liking. I get bored with the same appearance and change it frequently.
Out of necessity it will..in order for the marketplace to grow and for developers to be happy, Google knows they cannot splice the potential market in to pieces. Besides "the" Droid has the highest volume of sales regarding the Android OS and is impossible to alienate.