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itszy says

Hi Guys,

I am Maciej and I am creating my first wp theme to themeforest.

I write this post because I have concerns about my understanding licenses.

My theme will have a innovative page builder like in graphic editor. My concerns consist in the fact, that I wouldn’t like to situation when my page builder will included under GPL license, because this funcionality cost and it will cost a lot of time and money.

As it well known, themes on TF are licensed under split license. A part of code which is directly related to the WordPress is licensed under the GPL, and the rest must be envato licensed.

Could you help me to understand how I must write my functionality so as to will envato licensed? Could I write it like plugin? Does it have to be in some way respectively separated / isolated from Wordpress code?

Thanks for any help.

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fillerspace says

I think there is a misconception that all PHP in a WordPress plugin or theme is automatically GPL-licensed. When the Free Software Foundation did its analysis back in 2009, the WordPress themes they looked at (default and classic) were little more than index.php, page.php, single.php, and a functions.php file. Basically wrappers around The Loop. Of course these are clearly derivative of WordPress code, and subject to GPL. Now that themes are more complex, and include functionality that could really stand alone without WordPress, this code should not be subject to GPL.

An example would be a plugin that analyzes the text of a post to evaluate SEO, such as placement of H1 tags, keyword density, links, etc. This could be a standalone script, with a proprietary license. The fact that WordPress loads it and fires it using the save_post hook is incidental, and should not subject the entire script to GPL.

The way I have been approaching it is to put more of the logic in JavaScript, and just use the bare minimum WordPress functionality when absolutely necessary.

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itszy says

for example kiresi framework whitch include author’s page builder – do you think that this page builder and all extended theme options use minimum WP funcionallty?

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itszy says

anyone? :(

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ChapterThemes says

for example kiresi framework whitch include author’s page builder – do you think that this page builder and all extended theme options use minimum WP funcionallty?

I don’t know what you mean by this exactly – but you should use as much core WP functions as you can. Use what’s already there :)

Furthermore you shouldn’t be afraid of your code. It’s said a lot of times before: If they want to steal you stuff they will. Plus there are lots of pagebuilders. So unless yours also brings me coffee and gives me a massage while editing a page, i wouldn’t be too afraid for it :)

If the theme and it functions are any good, just enjoy the sales you’ll get.

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itszy says

There are two totally different opinions – your and your fillerspace. You said that i should use as much core WP funciotns as i can, gillerspace said that i should use minimum WP funcionallity…

Ok, if the theme and its functions are good, I’ll enjoy the sales, but if the functionality is licensed GPL then anyone will be able to implement this functionality on his own without my permission. I am not an opponent of the OS, but I am just one person company and if I spend a lot of time and money to create a really good functionality to my theme, I would like to use it by myself.

Is there anything that can be done about it? Who is responsible for deciding and choosing which part of the code is licensed with which license?

Many thanks for help!

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ChapterThemes says

There are two totally different opinions – your and your fillerspace. You said that i should use as much core WP funciotns as i can, gillerspace said that i should use minimum WP funcionallity…

Ok, if the theme and its functions are good, I’ll enjoy the sales, but if the functionality is licensed GPL then anyone will be able to implement this functionality on his own without my permission. I am not an opponent of the OS, but I am just one person company and if I spend a lot of time and money to create a really good functionality to my theme, I would like to use it by myself.

Is there anything that can be done about it? Who is responsible for deciding and choosing which part of the code is licensed with which license?

Many thanks for help!

95% of the buyers aren’t even capable of taking out functionality and put it in their own items.

Furthermore, it’s not like you have found the secret howly grail or something that should be protected by all means :)

And even when it is – you can’t stop it from being stolen.

Bottom line is you have no choice btw – if you want to put it in your theme, well.. than it’s in the theme and readable and copyable by every buyer with knowledge.

Only thing you can do about it is leave themeforest, start your own theme service site and sell sites with the themes hosted by yourself so that no one can get the code.

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