11
tom
Re: Mr. Theme = P.O.'d
  • 2007/9/20 17:43

  • tom

  • Friend of XOOPS

  • Posts: 1359

  • Since: 2002/9/21


Quote:

DefianceB0y wrote:
No one said anything about already released items, only the future are being talked about.
It'll be absurd to start and modify everything done so far and re-release with new license


Not directly no, but they did imply:

Quote:
If you downloaded one of my themes prior to 09/19/07, you are lucky.

However, as of 09/19/07:

You must accept this before you can download!!!!


DefianceB0y this implies that those same themes if downloaded after that date, come under a different licence than first released.

Hi Script_fu

Quote:
This looks like it will hold water here in the USA. Not quite sure about anywhere else tho. I know the code cannot be protected due to XOOPS being gpl but the images are 100% protected here in the USA.


That was my interpretation too based on the GPL I've read, and as I stated in my original post:

Quote:
I was also led to believe that images used within themes could be licensed separately due to them not being dependant on the code to function.


DefianceB0y

Quote:
LOL and what..all the sites that are charging for XOOPS themes are breaking the GPL...i doubt it...tis' my work i release it however the hell i want to release it!


I was only posting my interpretation from the GPL I've read, if I'm wrong then I stand corrected, please direct me to the specific part of the licence that is correct.

I just thought that anything that relied solely on GPL to work had to be released under the same licence as it was derived, and as I said above I could be wrong, please enlighten me if so.

I believe Smarty code is governed by the GNU General Public License as well.

I never said you couldn't sell a theme, or charge for service, I was only talking about the licence itself.

12
script_fu
Re: Mr. Theme = P.O.'d

You miss understood my post. I agree you can sell your themes. Thats not what Im was saying.

Here is an example "as I understand it" based on the gpl.

I have an account with xoopsdesign.com in which I download a paid theme. I can take that theme and make all new graphics for it. I then set it up for download on my site forsale. This is legal but surly will piss somepeople off.

Now if i download xoopsdesign.com theme and put it straight up on my site for download or foresale is not a legal. Because the images are copywrite.

Again this is just an example above nothing more...

I want to explain it a little better but im at work.

Anyway I knew when I saw my "Son Will's" post it was a can of worms!

This has been debated many times. This ought to get interesting to say the least.

I however did not say you or anyone else could not sell themes because they are gpl. We all ready know that themes can be sold legally.

13
tom
Re: Mr. Theme = P.O.'d
  • 2007/9/20 18:02

  • tom

  • Friend of XOOPS

  • Posts: 1359

  • Since: 2002/9/21


As GNU state Free as in Freedom, not as in free beer.

I'm actually an advocate of commercial projects for CMS's like XOOPS regardless of whether it's developments, release theme or modules.

I'm also a paying member of XOOPSDesdigns.com which is run by Snow, so yeah I support commercial projects, I was only talking about the licensing.

http://www.gnu.org/licenses/

Quote:
To copyleft a program, we first state that it is copyrighted; then we add distribution terms, which are a legal instrument that gives everyone the rights to use, modify, and redistribute the program's code or any program derived from it but only if the distribution terms are unchanged. Thus, the code and the freedoms become legally inseparable.


http://en.wikipedia.org/wiki/GNU_General_Public_License

Quote:
The GPL is the most popular and well known example of the type of strong copyleft license that requires derived works to be available under the same copyleft.


Script_Fu

Quote:
I have an account with xoopsdesign.com in which I download a paid theme. I can take that theme and make all new graphics for it. I then set it up for download on my site forsale. This is legal but surly will piss somepeople off.

Now if i download xoopsdesign.com theme and put it straight up on my site for download or foresale is not a legal. Because the images are copywrite.


This was also my interpretation also.

14
Will_H
Re: Mr. Theme = P.O.d
  • 2007/9/20 18:28

  • Will_H

  • Friend of XOOPS

  • Posts: 1786

  • Since: 2004/10/10


"A can of worms..." - A source of unforeseen and troublesome complexity.

Your GodD*** right!

I am not sure how the license would affect older release, but that is not where my concern rests.

I released those prior to a formal license agreement being in place... and as far as I am concerned they can be my last free shares with this community. If I have to go commercial, then I will.

15
Will_H
Re: Mr. Theme = P.O.d
  • 2007/9/20 18:32

  • Will_H

  • Friend of XOOPS

  • Posts: 1786

  • Since: 2004/10/10


Also, I don't need google. All of my themes already "call home" - in a way.

Not as well as I am implementing in my new stuff, but well enough for me to catch a long list of a55 ()'s

16
aph3x
Re: Mr. Theme = P.O.'d
  • 2007/9/20 18:34

  • aph3x

  • Theme Designer

  • Posts: 834

  • Since: 2004/12/26


it really sound like a coin that landed on its edge and XOOPS license can be viewed differently depending on the way you look at the coin..
any XOOPS theme:

code created by author : licensed...sold
code created by XOOPS : different license...free

Does that mean a theme is 100% legal as long as i don't use anything related to XOOPS? ...perhaps include a smarty-to-add.txt in theme's folder? cause "end user" is self explained.

Images..should i make a list of sites that distribute user created rendered images from: movies, sports, games etc?
Lets close them right?

Does that mean i can't use Beckham's image as he's a brand and he can sue my a$$ for using his brand in a site?!

oh yeah not like the free beer...i don't even like beer to begin with :P
Everything I'm not made me everything I am
The Themes

17
aph3x
Re: Mr. Theme = P.O.'d
  • 2007/9/20 18:39

  • aph3x

  • Theme Designer

  • Posts: 834

  • Since: 2004/12/26


btw...this is one of the few good threads that x.org have had in a loooong time...isn't it nicer than to trash this user or that user?! or just post trash and call it a help offered? lol
Everything I'm not made me everything I am
The Themes

18
tom
Re: Mr. Theme = P.O.d
  • 2007/9/20 18:44

  • tom

  • Friend of XOOPS

  • Posts: 1359

  • Since: 2002/9/21


Quote:
Your GodD*** right!


I feel this is turning into an argument which is not my intention.

Quote:
I released those prior to a formal license agreement being in place... and as far as I am concerned they can be my last free shares with this community. If I have to go commercial, then I will.


That of course is your choice, I was simply saying my interpretation of the GPL was any derived work, regardless of the method of distribution was still GPL, again I could be wrong, I'm not stating this as fact, and asking that if I am wrong then please point to the specific GPL bit that states otherwise.

19
Will_H
Re: Mr. Theme = P.O.d
  • 2007/9/20 18:44

  • Will_H

  • Friend of XOOPS

  • Posts: 1786

  • Since: 2004/10/10


The code can be just as well copyrighted.

XOOPS didn't come to my house and write the theme for me. I didnt wake up today to find these 5 brand new themes I am holding onto neatly zipped up and prepared by XOOPS while I slept.

Xoops is just what we make OUR work function with.

If I put in my license (which I did) that my work can only be used on a single site.. then guess what... My new work will not be released under the GPL. I have not adopted the GPL as my own.

XOOPS did not create smarty.
XOOPS did not create HTML.

If I have to write my new themes in PHP then I will, if that will make you see that the code has nothing to do with xoops. My themes aren't event based off of XOOPS default themes. I am not sure where anyone got the idea that code could not fall under a private license. It is an original work.

Perhaps around every <{$xoops_code}> I will just place a little disclaimer stating that only the <{$xoops_codes}> themselves fall under the GPL. Everything else came outta my head... so why do I not have a right to it, in whole and in part?

Definitely not arguing, great topic.

20
aph3x
Re: Mr. Theme = P.O.d
  • 2007/9/20 18:53

  • aph3x

  • Theme Designer

  • Posts: 834

  • Since: 2004/12/26


Very GOOD point

Quote:

Biteronboard wrote:
The code can be just as well copyrighted.

XOOPS didn't come to my house and write the theme for me. I didnt wake up today to find these 5 brand new themes I am holding onto neatly zipped up and prepared by XOOPS while I slept.

Xoops is just what we make OUR work function with.



More than good point :)

Quote:

Perhaps around every <{$xoops_code}> I will just place a little disclaimer stating that only the <{$xoops_codes}> themselves fall under the GPL. Everything else came outta my head... so why do I not have a right to it, in whole and in part?

And yeap definitely not arguing.
Everything I'm not made me everything I am
The Themes

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