ceeslans: nothing is stopping anyone from doing that in their themes, but it's not something that needs to be part of the OTS. and I don't see how it applies in this case anyway. ;)

the author of this theme made a mistake and that's what needs to be be addressed, no need to workaround problems created by others. :P

btw, RabidCow is working on making it so that themers that find working with modules too difficult/users that need to store modules in different ways need not worry about pesky things like module paths and versions.