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MBMedia says

Ha! I just read his comment on your item. He doesn’t have a lawyer. He is just trying to scare you into giving him money. He is jealous and wants to change the license to try and give him a leg to stand on. Unfortunately it is just a pirate leg that is rotting so he will fall soon :) Don’t worry, you will be OK :)

Yep, any lawyer that takes on the case of trying to enforce royalties on software that was released under a permissive free license is either just planning on scaring you into getting what they want, or is taking their client as a sucker for a few easy billable hours on a lost cause.

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wickedpixel says

@MBMedia, cool… thanks for all the explaining :)
Hm, so, yeah… It seems mpc can sublicence that software he had under the MIT licence. The most important part being to keep the original licence text to give credit to the original author… With that it’s free to use that version how he likes. I guess it’s a bit late for the original author to change the rules.

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mpc says

Ask for a commercial licence and buy it at once. Simple.

Yeah, I did send him an email about commercial license.

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MBMedia says

@MBMedia, cool… thanks for all the explaining :)
Hm, so, yeah… It seems mpc can sublicence that software he had under the MIT licence. The most important part being to keep the original licence text to give credit to the original author… and it’s free to use that version how he likes. I guess it’s a bit late for the original author to change the rules.

No prob. And to take it a bit further, the MIT license is actually not even an attribution license. The requirement about the code comment at the top is for the reason of making sure that upon re-distribution any receivers of the code still know that that code is MIT licensed, it’s not a attribution clause. Attribution is a good idea, but a pure MIT licensed product does not require attribution.

Some authors add a requirement to the license that you must attribute them, but many permissive free licenses typically do not allow you to add stipulations on top of the license, so that is arguably not allowed. The MIT license doesn’t say that verbatim, so that’s itself is a pretty debatable topic, but you could argue that ”...to deal in the Software without restriction, including without limitation the rights to use…” the part about without restriction means restrictions cannot be added, and since that’s common in permissive free licenses it would make sense that it could be a good leg to stand on too.

Moral of the story is: don’t release MIT unless you are prepared to give up ALL rights to the code as if you never were the one that made it in the first place, cuz that’s pretty much what you’re agreeing to.

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WebSmacker says

Yeah, I did send him an email about commercial license.
I wouldn’t give him any money. The code you have is free to use no matter what.
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VF says


Yeah, I did send him an email about commercial license.
I wouldn’t give him any money. The code you have is free to use no matter what.

The problem with all the legal/licensing issues is, it will make people to forget / appreciate the actual work, no matter how much love there is towards own profession. Doing a page-flip that really works on an iPad2 is a challenging task, I guess many of you guys aware. Also it is obvious that coders with that much depth may not necessarily aware how the licensing / usage trends going on. It is a small / emotional mistake if you compare the value of work.

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eduvoindo says

mpc, legal wise I believe, as many of us here, you are completely safe. Moral wise, I think you’ve taken it as more correct as you could. 75% he wants… well I would say he is as talented in javascripting as bad in business. He just missed a chance of get some monetary recognition for his work.

Asking for 75% and legal threatening without reason is just over the top! Also, ask envato to remove that silly comment in your item…

So, good luck with sales MPC ;)

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WebSmacker says

The problem with all the legal/licensing issues is, it will make people to forget / appreciate the actual work, no matter how much love there is towards own profession. Doing a page-flip that really works on an iPad2 is a challenging task, I guess many of you guys aware. Also it is obvious that coders with that much depth may not necessarily aware how the licensing / usage trends going on. It is a small / emotional mistake if you compare the value of work.
Yes, but the fact that he is threatening with a lawyer right away, he is trying to use scare tactics to get money. I don’t agree with doing business that way. He should have licensed properly in the first place to avoid this situation. Yes it was a mistake he made, but now the code is floating around with that license and is free to use. He should not get a dime for it….
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omarabid says

It is fully ethical and acceptable to make millions of $$ with the product without giving the author a penny. He licensed it under MIT , so from the very beginning he is not looking for money for this. If he picked the license by mistake, then he ought to be responsible for the consequences.

mpc made only a couple thousands dollars from this. It’s very little comparing to the potential projects/gigs the author could get if he approached mpc for a link in his website or a small feature. The author is clearly unprofessional, and lacking both in business and diligence.

mpc, I have just purchased the fat HTML5 Canvas book from Oreilly exactly to get in this field of interaction design for the web. I’m looking for awesome ideas to start hacking on and that looks like a good entry project. The script will be MIT licensed (or GPL /MIT); no threats, no noise and no bullshit. Free to use, and no blame if you don’t donate.

You can reach me on Skype (omar-abid) if you have ideas/suggestions or thinking of improvements that can be made to the project.

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FlashTang says

Use the old version , it’s not your fault , cuz it is under MIT
but do not use it to create another new items even with old version unless you decide to buy a licence
Just my 2 cents :)

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