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Does the GPL license apply to selling Themes/Templates?
Posted: Thu Apr 23, 2009 5:17 pm
by kendo451
Does the CMSMS license prohibit or affect selling themes for CMSMS on theme sites?
Let me re-phrase the question.
Does the CMSMS license allow the following:
1. Creating new themes and offering them for sale as themes.
2. Creating new modules, plugins, or UDT's an offering them for sale. (Assuming they aren't borrowing code.)
Ken
Re: Does the GPL license apply to selling Themes/Templates?
Posted: Thu Apr 23, 2009 5:52 pm
by calguy1000
You can license your themes any way that you want.
So you can sell them.... or you can use any open source license you want to use.
Re: Does the GPL license apply to selling Themes/Templates?
Posted: Thu Apr 23, 2009 10:11 pm
by Dr.CSS
Do it as you want but you can't post/upload themes to the theme site to sell or have any links there to themes you sell, sorry...
Re: Does the GPL license apply to selling Themes/Templates?
Posted: Fri Apr 24, 2009 3:52 pm
by kendo451
Right. The CMSMS Themes page is for free themes.
But I can sell my own themes/modules elsewhere under my own license as long as they don't incorporate someone else's code.
Thanks!
Ken
Re: Does the GPL license apply to selling Themes/Templates?
Posted: Tue Apr 28, 2009 4:45 pm
by Pierre M.
kendo451 wrote:
2. Creating new modules, plugins, or UDT's an offering them for sale. (Assuming they aren't borrowing code.)
Wouldn't those modules, plugins, or UDTs be "derivative works" as read in the GPL ? Or has CMSms a GPL "linkage" exception ? Or am I overlooking ?
Pierre M.
Re: Does the GPL license apply to selling Themes/Templates?
Posted: Tue Apr 28, 2009 5:00 pm
by calguy1000
PHP code definately would be a derivative work.
Though an argument can be made for simple UDT's as they're not directly linked to the application (they're stored in the database, loaded and executed seperately.. (eval)...
Re: Does the GPL license apply to selling Themes/Templates?
Posted: Tue Apr 28, 2009 6:05 pm
by Nullig
This is one for the lawyers, as copyright laws vary from country to country.
Take music downloads for example. In the US it is illegal to download copyrighted mp3 files from file sharing services or usenet newsgroups. In Canada it is not illegal. So, even though the work is copyrighted by the artist, the laws regarding that copyright differ.
As for the GPL, I think you would need a legal interpretation in the country in which you reside and/or are selling the work.
Nullig
Re: Does the GPL license apply to selling Themes/Templates?
Posted: Tue Apr 28, 2009 7:13 pm
by Dr.CSS
Actually it is not illegal to download the mp3 it is illegal to offer them as downloads to others, speaking from experience I had a long time ago

...
Re: Does the GPL license apply to selling Themes/Templates?
Posted: Tue Apr 28, 2009 7:30 pm
by Nullig
Actually, it IS illegal in the US to both download and share copyrighted mp3 files. However, the RIAA have only tried to stop the "distributors" up to now.
It is not illegal in Canada to do either.
Nullig
Re: Does the GPL license apply to selling Themes/Templates?
Posted: Wed Apr 29, 2009 9:30 pm
by kendo451
I don't care about the law. I just want to stay with the vision of the developers of CMSMS.
So, for example. Calguy's modules require credit to CMS Made Simple on the admin theme. That makes sense to me. I try to honor the wishes of the main developers of this CMS regardless of whether the law requires it in my country.
Ken
Re: Does the GPL license apply to selling Themes/Templates?
Posted: Thu Apr 30, 2009 3:47 am
by Nullig
Agreed, kendo.
I do believe, regardless of the "letter of the law", that in order to advance "open source" types of development, it is only fair to give credit where it is due. Asking that the package be identified in the "backend' of the site is certainly very little to ask for.
Nullig