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@script_fu:
What Will is doing and what xoopsdesign does are not comparable.
XoopsDesign does not charge for their templates. They charge for a subscription service which allows you access their download system. There is also no indication that the templates contained in the download system are GPL as they do NOT package them with the GPL license. If you see a GPL license anywhere on their site referring to their templates, or any copyright referring to their images, then I stand corrected. The only license they package is:
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This theme is for private and personal use, it is not allowed to remove from the footer the text: "design by Xoopsdesign" with the link to www.xoopsdesign.com . If you wish to make commercial use of this theme please send an email to info@xoopsdesign.com and we will contact you.
Which is extremely vague and quite a bad license...It does not say you can't modify it, it does not say you can't distribute it, it does not say you cannot sell it...it only says if you want to sell it...tell them. The main point being: if you want your work to be licensed under GPL, you must include the license with the package.
Even if they do decide to throw in the GPL license upon realizing their mistake, you still are NOT paying for the template, you are paying for Premium Membership. And since you did not pay for it and it's GPL, you are free to distribute it in the same manner you received it...free. (you are more than welcome to prove me incorrect)
SO getting to my original point: the only logical way prevent the distribution of a template that you want to keep commercial whilst retaining your copyright in the footer is to do what Will is planning to do and sell the theme itself bundled with its own license.
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And yes, you can re-license something that contains smarty...when the GPL FAQs said this:
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any HTML file which merely makes function calls to this code, and for that purpose includes it by reference shall be deemed a separate work for copyright law purposes.
They were referring to this from the actual license:
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If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works
Will's template isn't smarty or a derivative , it's not XOOPS or a derivative...it's his.