A more fair way to go about things, which should be done by sensible humans would be to say: Hey, you've got a business running, are you aware of the new requirements for licensing ? You have 6 months to comply with the licensing requirements and get a license, or you will have to close up shop.
When Dwolla sends funds from a customer account to MtGox at the customer's request, it's without question acting as a money transmitter. It's absurd to then claim that MtGox is not transmitting money when it transfers customer funds to the customer's Dwolla account at the customer's request.
Everyone "transmits money" in the course of doing business. The "customer request" here is "give me my money." Gox is not sending money to other people at customer request. The customer has an account that they are either depositing into or withdrawing from.