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How exactly is HyperDB closed source?! It's in the public wordpress.org plugin repository.

Yes, it's not on Github (which is a shame), but that's a long way away from being closed source.

All plugins hosted on WordPress.org are GPLv2+ if not otherwise specified (see #2 on http://wordpress.org/plugins/about/guidelines/ ).

GPLv2 requires that a copy of the license is distributed "with every copy of the program". [0]