@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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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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They were referring to this from the actual license:
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Will's template isn't smarty or a derivative , it's not XOOPS or a derivative...it's his.

I would say that the long debate here on xoops.org has been answered partly. Meaning I read what Will aka biter posted to mean that in fact a theme made for XOOPS is fully 100% copyrighted if the author wishes. That means theme code as well as graphics.

I have been proven wrong along with alot of other people. I do not think I would take the link out of anyones theme after reading these post here.

You surely leave yourself wide open to be sued here in the usa.

I wonder if you have a register here in the usa like godaddy and live in a foreign country. If your domain can be attached for compensation to settle a copyright law suit?

Does what we learned today effect what we belive to be true about modules?

Themes are risky business from here on out if you break the lic agreement...

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Negative, modules do not apply.

Hey Maka,

Good post great thread... XOOPS design does commerical themes you will not find a gpl document on their whole site!

Here is the agreement that snow and subzero have setup that you must agree too if you want to download the theme. As you can see its air tight.

Disclaimer
The file downloads on this site are provided as is without warranty either expressed or implied. Downloaded files should be checked for possible virus infection using the most up-to-date detection and security packages. If you have a question concerning a particular piece of software, feel free to contact the developer. We refuse liability for any damage or loss resulting from the use or misuse of any software offered from this site for downloading. If you have any doubt at all about the safety and operation of software made available to you on this site, do not download it.

Contact us if you have questions concerning this disclaimer.

Terms & Conditions

Please read the following Terms and Conditions. Your purchase or use of our products implies that you have read and accepted these Terms and Conditions.

Terms and Conditions:


1. Limited usage granted:
Your membership grants you rights to use the XOOPS Themes on your own, or your companies own website. The XOOPS Themes downloaded from www.xoopsdesign.com are available to use on as many of your own, or your clients sites.

2. Modifications:
You are authorized to make any necessary modification(s) to our products to fit your purposes. You may not however redistribute or release modifications as GPL or otherwise. You may however remove the copyright from the footer of XOOPS Themes if needed.

3. Unauthorized use:
You may not place any of our products, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind

4. Updates:
All templates are always designed for the latest stable version of XOOPS, but we can give no guarantee, that the templates will run with future versions of these CMS?s. Members may use the forums to address any issues related to software versions.

6. Assignability:
You may not sub-license, assign, or transfer this license.

7. Ownership:
You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of XOOPS Design.com . Our products are provided ?as is? without warranty of any kind, either expressed or implied. In no event shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.

8. Use of Content:
You acknowledge that the site contains or may contain material (collectively the ?Content?) which is protected by copyright, trademark or other proprietary rights. You may not transfer or sell, reproduce, create derivative works from, distribute, or in any way exploit any of the Content, in whole or in part, except with an expressly permitted Agreement from the developer.

9. Refund policy:
Since XOOPS Design.com is offering non-tangible irrevocable goods we do not issue refunds after the membership is made, which you are responsible for understanding upon registering at our site.

10. Support:
XOOPS Design.com offers these templates and designs ?as is?, with no implied meaning that they will function exactly as you wish or with all 3rd party components and modules. Further, we offer no support via email or otherwise for installation, customization, administration of XOOPS etc. A private members-only forum is available to Premium Members. XOOPS Design.com does not commit to monitor these forums, but we reserve the right to respond and answer questions.

Please refer to the official XOOPS forums at forum.xoops.org for help on using or customizing templates and administration, and search this site in our FAQ section.

Our company reserves the right to change or modify current Terms with no prior notice.

Do you agree to the above terms? Yes or no



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Holly cow dude...

Maka this little tid bit you posted seems to almost apply to the modules as well? A few more words and the modules would fall bye the wayside.

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A bit contradictory, but yea that pretty much covers them. But my main point was that simply packaging a theme with the license, and giving general access to themes with one agreement is quite different (and legal) and needs to be done correctly if you want to completely protect your work...but I'm long winded it took me a while to get to that point.

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No, modules require the XOOPS framework to function (depending on the module), so they would not count in that aspect...they were coded with XOOPS code and would not fall under "any HTML file which merely makes function calls to this code"...I could be wrong, but that seems logical to me.

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Im not sure where you got the not allowed to remove the link.

The only thing I can think of is that statement only applies to xd's free themes. Not the commercial ones...

Maka: Off topic can you hook me up with your msn or yahoo id. I want to ask you about some apache2 questions and reverse dns issues.

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ur kid, lol.

I usually do not listen to Will. You shouldn't either... But he proved me wrong today in a big way. I am so proud... lol