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This is a really useful thread.
I'm no expert but I think that legally one can take a wider point of view than has been discussed here.
Lets look at themes from another standpoint - a theme is a way of creating a GUI for a CMS using HTML, JS, etc. It is not just code plus images - it is also a designed "object" on its own providing information flow, visual structure, etc.. When I make a average theme then I can port it to Nuke and other Xoops-similar CMS without
too much effort.
IMO, the interface a theme has to the CMS is (generally) a secondary component of the theme (OK we can discuss this, but I mean in general).
The principle of weight or importance - i.e. what is the predominant part of a design / idea / product is IMO what is behind the text which Will quoted: Quote:
As a special exception to GPL, 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.
This principle has been a part of patent and design registration law for a long time and must also play a role here.
(However this could also be turned on its head - where a theme is relatively simple from the design side but uses many unique features from the CMS, then maybe it could be argued that the theme came under the CMS license.)
However in end effect what is just as important in court as what is written in the law books is how other similar (precedent) cases have been judged. Does anyone have any information about such cases?
Alan
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