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carlhancock says
not here to pick a fight just stating a observation, I shouldn’t have to refresh you made the original statement and thats what I was replying too.

If you’re not here to pick a fight then don’t state an observation that is worded to do so. My reply in this thread was to provide clarification to the authors that were confused by the GPL and Envato’s exclusivity terms and how it impacted those terms (it doesn’t). If I didn’t want to help those Envato authors that had questions about it, I would have simply said nothing.

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organicbee says

Not sure why you felt the need to be tough on twitter, I have not been once disrespectful to you. But maybe thats your personality

either way have a good day

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PixelBuffet says

I believe most authors here understand that there is no direct conflict between our exclusivity and being full GPL. However by selling here, we are agreeing to be limited in our distribution rights for our work yet are being allowed to give our buyers much greater distribution rights than we’re afforded ourselves by Envato. We become the only person restricted, yet it’s our work. It’s a puzzling situation to be in and one that I don’t think anyone has faced yet in the WP community, we are perfectly entitled to discuss it – even if some are misinformed.

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bitfade says

The exclusivity is attached to the author and where they themselves sell their code. It has nothing to do with the code itself. The exclusivity means the author can’t sell it elsewhere.
You’re wrong.

Despite the name, the “exclusive author” agreement targets items and not authors. Being an exclusive author means i cannot sell the same item anywhere else but i have no obligations for any other product i didn’t upload here.

The whole point of exclusivity is making Envato the only place where a given item can be purchased. As such, it has all to do with items and nothing to do with authors.

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carlhancock says

Not sure why you felt the need to be tough on twitter, I have not been once disrespectful to you. But maybe thats your personality either way have a good day

Let’s start over then. I’m not a fan of passive aggressiveness. If you want to know why I may come across as have hatred for Envato theme authors I have no problem if you straight up asking.

For anyone else wondering I explained in in prior reply on this thread that I don’t hate all Envato authors but our business as had to deal with plenty of poorly developed themes from Envato authors which has cost us a lot of support hours which means a lot of man hours i’m paying as a business owner.

But our communication with Envato has improved greatly and we have a great relationship with Japh and pass on the name of themes that have issues as we encounter them.

I have no ongoing issue with Envato or it’s authors and my original reply here was to assist authors in understanding how the GPL can play nicely with Envato’s exclusivity arrangement.

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carlhancock says

I believe most authors here understand that there is no direct conflict between our exclusivity and being full GPL. However by selling here, we are agreeing to be limited in our distribution rights for our work yet are being allowed to give our buyers much greater distribution rights than we’re afforded ourselves by Envato. We become the only person restricted, yet it’s our work. It’s a puzzling situation to be in and one that I don’t think anyone has faced yet in the WP community, we are perfectly entitled to discuss it – even if some are misinformed.

You are correct. If you choose to be exclusive you are agreeing to limiting where you distribute that piece of code. That’s the price you pay for receiving more attractive sales terms with Envato as an author. But it in no way hinders the GPL as it applies to end users.

The GPL is all about the end user. The author has more flexibility and that includes imposing limitations on himself and how he chooses to make his code available. He could choose not to distribute the code if he wanted to. Or he can choose to charge for his code. Or he can choose to only sell it on ThemeForest.

But the users that purchase it are protected by the GPL.

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vazz says
The GPL is all about the end user.
Do I become an end user if I buy my own theme?
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carlhancock says

The GPL is all about the end user.
Do I become an end user if I buy my own theme?

Yes. But the limitation that you can’t resell the code elsewhere isn’t being applied to you by the theme. It’s being applied to you by a business agreement you make with Envato. The code is just the product you are selling. The exclusivity you agree to is between you and Envato.

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vazz says

Yes, your explanation is very logic to me. BUt there is still a conflict imo. There are 2 identities here: one is the author , one is the buyer. One can be both at the same time. Why would Envato’s agreement override the GPL agreement. Because one excludes the other. If anyone forces me to break the GPL then it’s not GPL anymore.

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carlhancock says

Yes, your explanation is very logic to me. BUt there is still a conflict imo. There are 2 identities here: one is the author , one is the buyer. One can be both at the same time. Why would Envato’s agreement override the GPL agreement. Because one excludes the other. If anyone forces me to break the GPL then it’s not GPL anymore.

It may appear that way. But it’s not the license attached to the code that prevents you from selling that code elsewhere. It’s the personal contract you enter with Envato that does so and thus it does not hinder the GPL.

It doesn’t matter if you are an author and a buyer. You own the legal rights to the code. Buyers do not. They are afforded the benefits of the GPL. But that doesn’t make them the owner of the code from a legal, copyright and trademark perspective.

So because you are the author, if you for some reason bought your own code from an Envato marketplace… it doesn’t change the fact that you are the legal rights owner to that code and it doesn’t change the fact that you’ve entered into a personal contract with Envato for sales exclusivity.

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