ComposerDude, it looks like you started working out the permissions issues with Spizzle. However, you still are not abiding by his requirements. You removed his "permissions & credits" page content which he required you to keep. Furthermore, you changed the license of the theme. I did not see him give you permission to do that.

Finally, the desktop wallpaper is part of Mac Leopard, yes? I did not see any permissions to include that wallpaper in your theme distribution. May I suggest that you simply remove it and host it on your website with a link in the readme for people to download?

It really is simple... when you base your work off of someone else's effort, you don't change their permissions, you don't include things you don't have permission for, and you respect the time and effort of the webmaster's and people who provide a place for you to host your content by not making us have to contiually police your submissions.

:)