I dont usually jump into these, but...
1. Posting under your real name would get you more credibility. Posting under an alias will just breed more attacks. I almost didn't read it because it was posted by an alias.
2. I agree it could have been handled better .. but so did they. I think they learned their lesson already .. as did anyone thinking about copying the FOBL site design

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3. Your point about Nuke is true to an extent, but the FOBL did all of their work from scratch. If 2 sites are using Nuke, then I highly doubt one or the other would complain very much unless there was true customization done to it. If they just download a skin, I doubt they will complain very much
Well, that's my 2 cents for the month.