Indeed. And hence, the TPV policy creates more problems than it solves. Linden tried to unload the development from their own backs onto that of "the community", and made the client open source, but as with any outsourcing idea people come up with it, there are problems comeing with it.
I myself use the Cool VL Viewer "patch", which is compliant to the TPV but Henri refuses to disclose his personal information, as he sees no sense in it to do such. I agree with that.
I would say, when (not if) the first avatar gets banned for usage of a "unlicensed" viewer, things will blow up. Remember there are alternatives to SL as whole.