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dcg627 says

I know more than just WordPress themes are sold on Themeforest, but the licensing on here is completely different than pretty much every other WordPress theme shop/site throughout the world.

Also, many theme authors don’t even offer an extended license on here.

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argenisferrer Staff says

So, to ask bluntly, what are the ramifications of using a regular license incorrectly? Is that on Themeforest’s end or the theme designer’s end?

Great question! This is the fundamental issue in the online stock world. How can anyone ever police what users do with an item they have bought!

We try our best to ensure our members have access to excellent stock items made available under clear and fair licensing terms. It really is up to the buyer to play by the rules. If only everyone did we’d all be better off!

Those who don’t follow the rules open themselves up to potential legal ramifications so its always worth doing the right thing.

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argenisferrer Staff says


we are trying to cover different scenarios (since we are not entirely familiar with the example at hand illustrated by familychoice).

Sorry I thought this was pretty clear: ” would this still apply to a dating or ‘hidden content’ type website though, where certain areas of the website are hidden to non-subscribers? As access to parts of the website would not be free.”


In cases where the lessons are displayed online, you are charging members to see content in the site, so the end product the item is implemented in, is being sold, and as such, an extended license is needed.

So, in the example I’ve listed above where content is hidden (i.e. member profile details) until payment is provided for a subscription, an Extended License would be required. Someone needs to tell the author as they don’t have one available, and are telling customers a regular license will suffice.


Also, I don’t really understand the logic behind the price of the extended license being 50x the price of the regular license.
Exactly, it’s ridiculous.

In your example, if a person is paying to see/use hidden functionalities, in this case a member is paying to gain access to certain information on profiles, and this part of the site is also using the item, then yes, an extended license is required. The important thing to think about is whether people are paying to access the end product the item is implemented in, or if they are paying for something you get from the site, but which the marketplace item is not used in.

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argenisferrer Staff says


If the end product is accessible for free (if you can navigate the site and use all the functionality without paying just to use it), then a regular license is ok.
The word ‘all’ is very dangerously used here. Do I take it literally? For a e-com site, I need to have purchased at least something to view the backend parts, like order invoice. Would ‘all’ include this as well?

Great point here. Yes, the word “all” is valid, as long as that’s what the end user is paying for. If you have an e-Commerce site, and returning to the boxes example, what the site is selling is the boxes themselves, not the functionality, when a visitor pays, he/she is paying to receive the physical boxes (which the theme/template is not implemented into) and an invoice is part of that end product, so a regular license is ok.

If in the other hand, a visitor pays to access content on the site, lessons (which are not downloaded but embedded in the site), or any other content only available to the paying customers, who are paying to access it, then an extended license is needed. It is always important to think about what the end customer is paying for, and if the marketplace item is implemented in it.

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dcg627 says



If the end product is accessible for free (if you can navigate the site and use all the functionality without paying just to use it), then a regular license is ok.
The word ‘all’ is very dangerously used here. Do I take it literally? For a e-com site, I need to have purchased at least something to view the backend parts, like order invoice. Would ‘all’ include this as well?

Great point here. Yes, the word “all” is valid, as long as that’s what the end user is paying for. If you have an e-Commerce site, and returning to the boxes example, what the site is selling is the boxes themselves, not the functionality, when a visitor pays, he/she is paying to receive the physical boxes (which the theme/template is not implemented into) and an invoice is part of that end product, so a regular license is ok.

If in the other hand, a visitor pays to access content on the site, lessons (which are not downloaded but embedded in the site), or any other content only available to the paying customers, who are paying to access it, then an extended license is needed. It is always important to think about what the end customer is paying for, and if the marketplace item is implemented in it.

Why is this the case though? People are paying for the Content created by the site owner – not content created by the theme developer.

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argenisferrer Staff says

Why is this the case though? People are paying for the Content created by the site owner – not content created by the theme developer.

In this case, visitors are paying to access content (created by the site owner) in an end product which the marketplace item is implemented into. This differs from a scenario where the content is downloadable since the theme/template would not be implemented into it, nor the case with the boxes where the physical box does not use the marketplace item in any form.

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nCrafts says



If the end product is accessible for free (if you can navigate the site and use all the functionality without paying just to use it), then a regular license is ok.
The word ‘all’ is very dangerously used here. Do I take it literally? For a e-com site, I need to have purchased at least something to view the backend parts, like order invoice. Would ‘all’ include this as well?

Great point here. Yes, the word “all” is valid, as long as that’s what the end user is paying for. If you have an e-Commerce site, and returning to the boxes example, what the site is selling is the boxes themselves, not the functionality, when a visitor pays, he/she is paying to receive the physical boxes (which the theme/template is not implemented into) and an invoice is part of that end product, so a regular license is ok.

If in the other hand, a visitor pays to access content on the site, lessons (which are not downloaded but embedded in the site), or any other content only available to the paying customers, who are paying to access it, then an extended license is needed. It is always important to think about what the end customer is paying for, and if the marketplace item is implemented in it.

Here is how I understand it:

If I am selling boxes, I don’t need an ext license because the functionality which my paid users get (access to back-end user profile, invoices, etc …) is incidental, or a by-product, of them buying the item itself (which has nothing to do the theme). The box here is separable from the theme.

On the other hand, if I am selling online boxes (say dropbox), the back-end becomes an integral part of the product box. I can’t really sell the box without giving them the back-end as well. In this case I would need an ext license, right?

So, there isn’t really a literal and pixel-perfect demarcation between the licenses. It all depends on the essence of the license.

This certainly clarifies things. The existing documentation about licenses isn’t sufficient. Some examples and clarifications should be made a part of the docs. A lot of content can be taken from this thread.

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argenisferrer Staff says

Here is how I understand it:

If I am selling boxes, I don’t need an ext license because the functionality which my paid users get (access to back-end user profile, invoices, etc …) is incidental, or a by-product, of them buying the item itself (which has nothing to do the theme). The box here is separable from the theme.

On the other hand, if I am selling online boxes (say dropbox), the back-end becomes an integral part of the product box. I can’t really sell them the box without giving them the back-end as well. In this case I would need an ext license, right?

So, there isn’t really a literal and pixel-perfect demarcation between the licenses. It all depends on the essence of the license.

This certainly clarifies things. The existing documentation about licenses isn’t sufficient. Some examples and clarifications should be made a part of the docs. A lot of content can be taken from this thread.

That is a great understanding of it! :)

The important thing is to realize whether the marketplace item is really integrated into the end product you are asking your members to pay for.

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dcg627 says

There are a lot of themes that function in this way (where visitors pay to access content online) where an extended license isn’t even offered (and thousands of people are using the themes this way).

How can it become a legal issue if an extended license isn’t even offered?

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VF says

How can it become a legal issue if an extended license isn’t even offered?

hahaha!

Since the author is the copyright holder, as long as the author doesn’t care, practically nothing is illegal (I mean nothing faces impacts of illegal usage). In some cases author doesn’t care and in some cases authors not even understand fully about limits of Extended License. So the buyers with misunderstood implementations are still safe.

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