This is a debate which has probably spanned hundreds of pages here @ xoops.org over the years, many of which I have read. Someone should really write a "GPL for Dummies" if they haven't already, GPL Cliff Notes, lol.
This seems to be the gray area for a lot of people even though the point has been made again & again... in accordance with the GPL you could throw the XOOPS package on a CD-R and call it "Bart's Content Management Suite" and sell it for $199.99 on infomercials & make a small fortune to keep all to yourself - just so long as you leave the credits within the PHP files within the package. I'm not saying it would be ethical, but it would be legal.
What wouldn't be legal is putting a copyright on it to restrict its distribution or attempting to patent XOOPS as your own creation, or removing the credits prior to release.
You can charge for installation, distribution, services rendered, etc. Of course you can charge for services rendered in any case, as that is the nature of life in this modern economy. If only everything were protected by GPL.
But for the sake of argument...
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I would have to agree with Mith on this, themes do use XOOPS to work correctly and DO fall under the same category and I think those who design themes who believe that they are not are just trying to kid themselves here.
Just as HTML templates can be converted to XOOPS themes, XOOPS themes can be converted to HTML templates. In this way, XOOPS themes are not necessarily dependant on XOOPS in order to function, in the way of HTML coding, images, style or design.
I have converted XOOPS themes that I have made into HTML templates for static webpages before, when a client decided he didn't need all the functionality of XOOPS. It was entirely my own creation, and functioned fine as a static template, and so I don't see how the GPL in context of XOOPS would have possibly applied.
In the course of my extensive research prior to launching MyXoops, I have discovered that there are actually more than a few mainstream XOOPS theme providers making the shift to offering premade themes at a price. If a few within the XOOPS community are mortified @ the concept of a XOOPS theme club and service-based offerings, I suggest those few hold on to their seats because [a lot of] the best XOOPS theme developers are going commercial and a lot of the themes poised for release are restricted by licenses, unlike MyXoops Themes which are currently unfettered by any restrictions.
For those interested, there are
9999 posts on the subject, the horse has been beaten.