what do you mean by 'shipping'? AFAICS, the example you quote may have just done
"wget http://openlayers.org/api/OpenLayers.js > mycopyofol.js"
or similar. I'd agree it's not a sensible thing to do - either  make
your own build, or use the hosted version which is cacheable across
many websites - but I don't see how you can stop people doing it.
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