Posts by lawmenone

4 posts
  • Has been part of the Envato Community for over 2 years
lawmenone says

my long comment has a BIG logical flaw that I did not see at the time I posted.

allow me to correct myself and don’t worry I will hit myself with a chair a couple of times as punishment for how idiot I was

the thing that changes everything is:

theme creators do not modify “the program” and “redistribute”. No item sold here contains the wordpress installation, modified or exactly the same as the original

since the wordpress distribution is “the original one” from wordpress creators and I’m NOT redistribute it and I’m not creating a new version, then I don’t need to license my work under gpl license….
WHAT ? NO. you are doing something wrong with your head now. :) THEME for wordpress is A WORK , WHOLE WORK based on THEME for wordpress. There is no other way. Theme for wordpress is GPL . IN previous post you were not TALking about modifying. MAIN point is distribution. CSS and IMAGES are PART of THE WHOLE WORK . THE WHOLE WORK is wordpress theme.

when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.

GPL infects all part of THEME . Images are inside theme css files are inside theme. Images and css are section which even if is not GPL – becomes GPL because is distributed with GPL = PHP CODE . Such program in is THEME . Not wordpress installation but THEME !!

Why you have changed your mind ?

Why you are denying your previous statement arguing with something irrelevant in this context ?

alternative mode for you:

JQUERY is GPL . Most themes can not work without jquery. Most images are required to run work based on jquery which is based on GPL . Without images and css work based on JQUERY which is gpl will not work. So images and css in theme with jquery derive jquery license. If not GPL from wordpress code infects whole theme, jquery DO.

4 posts
  • Has been part of the Envato Community for over 2 years
lawmenone says
based on this,and standard GPL license : you can use it for free, without paying so dont worry. http://themeforest.net/forums/thread/understanding-the-gpl/34105?page=1#560774
4 posts
  • Has been part of the Envato Community for over 2 years
lawmenone says

the envato blog article is clear but not correct, let’s see first the php code part:
GPL : All PHP code containing WordPress functionality will be sold with a GPL license. With this license, buyers will be free to modify and/or redistribute the files as they wish.

Is only the php code sold under GpL license?

No. Let’s first read this text from wordpress license

For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have.

and they even give an example why this is requested:

Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone’s free use or not licensed at all.

if someone take the wordpress code, apply some modifications, give it another name and then state the software is his property and start sending lawyers everywhere. Microsoft vs Linux, ring a bell?

the envato article states:

Luckily, our authors shouldn’t worry. Only the PHP will come with the GPL license. Your images, stylesheets, and JavaScripts will still hold our standard license – which forbids buyers from redistribution.

Wrong.

Let’s continue reading the wordpress license:

You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:

so I can use wordpress code entirely or in part to create a work based on the Program (that is the wordpress application practically), then I can sell it or give it for free (permited by section 1 that I will not quote here) BUT I need to respect “all of these conditions”

I will quote only the one we care about:

You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.

“The work”, (theme, website) “as a whole” must be licensed “at no charge” “under the terms of this License”. Translating: the item create as a whole takes the gpl license.

But why? you may say. Is my design, my customization. Is actually very simple. You used the wordpress code as “base” for your work, and not as an “additional non essential part”, (example in as3 a tween engine, or font)

but then the wordpress license continues:

These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works.

well? I can’t buy a theme and then try to sell the css code separately. The envato blog is correct after all! NO! First is hard to tell if your code and modifications are derived from wordpress or not. Is the “plugin” versus “base” again. But ok, we can assume the part of work that is not wordpress is your property (if you created it offcourse, and if works independently) For example, some icons, no one can use them for free in some other application if they don’t have my approval. Problem solved.

No, because:

But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.

Clear enough? Whatever parts, custom or not, form the work as a “whole”, must be on the terms of this License. The whole theme item is under GPL license, and not only php code.

and:

Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients’ exercise of the rights granted herein.

yep, “or any work based on the Program” So, in conclusion all the theme as a whole can be give it for free and no one can do nothing about it. But I can resale the theme? No, as it is. But if you change something, then you can. What if I create a online repository and ask people for a fee to download a theme? People will not pay for the theme but only for the bandwidth?

Perfectly legal.

You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.

But the words are “physical act of transferring a copy”, can’t apply to downloading process, no? Define physical. Is the passing of electrons through an ethernet cable, or radio waves through wireless devices not a physical act? Yes, this is an extreme example, but the law works like this.

I write a long post, hope I was clear enough

links:

http://blog.themeforest.net/site-news/important-change-new-gpl-license-for-all-wordpress-themes/ http://wordpress.org/about/gpl/

THIS IS AMAZING . IT changes everything. It means that license as license inside themeforest regular extended etc are TOTAL BS . It means that if i will delete psd files i can distribute on p2p all themes for wordpress from themeforest. and i can use it on my site. without paying. and no law and no moral code in all existing universes can say NO bad word about me because DURA LEX SED LEX . and gpl allows me to do that. GREAT . Amazing. NOW whole existing repository of all possible wordpress themes available on p2p and all sharing web services became FREE as GPL . this is greatest POST so far ever happened to me to read. So users of themeforest: Basing on this post regular extended or applied to css or images inside wordpress themes files, any license which is not GPL is wrong. GPL is ALL what is.

FOR PHP css images and JS.

FOR WHOLE WORK AS THEME = Whole WORK . So why buy ? just search !!! and have it for free. and be clear. Because LAW allows you to do that. And all license terms constructed here may be applied only to PSD files. And are made to CONFUSE YOU .

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