I just read this article on TechCrunch:
You have got to be kidding... there is absolutely prior art here, I've been seeing them in in apps for years before apple released the iPhone that contains them.
This style and format belongs to other developers, some of which are under open license. There have been people doing the same thing as themes in apps for so long that I don't know how apple can get away with it.
Apple is really starting to bug me with this hocus-pocus they keep spouting.