vworld
Junior Member   Posts: 21 Registered: 2/19/2003 Status: Offline
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 posted on 3/3/2003 at 03:26 PM |
I just read a comment made by Shawn, in the polling comments section that
confuses me so I wanted to bring this discussion to the forums to make sure
I understand.
Here's what Shawn says,
"....Let''s say you wanted to develop themes with AutoTheme 1.0 and then
sell them!
You can't do that now unless the user buying the theme also has AutoTheme
1.0 (they buy or you buy a license for them), because you can''t sell or
otherwise redistribute the AutoTheme 1.0 code."
This is understandable and he is within his rights to do this. However the
next statement is what is confusing to me:
"...And even the AutoTheme Beta 5 (soon to be AutoTheme Lite) is limited in
that the code is GPL and freely distributable, but it can not be included
in a theme that you sell."
Again I don't have any issues with Shawn attempting to make a living with
this tool. But I don't think he can restrict the use of the tool in the way
he's stated above when it is licensed under the GPL because the GPL gives
the user the right to distribute, copy, change, and yes, even charge for
their work even if your tool is included. So not giving them those rights
are not permitted under the GPL.
So please Shawn, clarify this for us all because I really want to make sure
we are all on the same page regarding AutoThemes Lite licensing issues.
So the question is, it is either GPL or it isn't GPL. And if you're saying
that as a designer I can use AutoTheme lite to create a theme, but then I
can't in turn sell that theme then I'm not sure if that is enforcable in
the GPL.
[Edited on 3/3/2003 by vworld]
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shawn
Administrator   Posts: 4538 Registered: 10/7/2002 Status: Offline
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posted on 3/3/2003 at 04:10 PM |
O.K. Here it goes...
I was mixing my thoughts while writing that comment.
According to the terms of the GNU GPL, you MAY include AutoTheme
Lite .6 code in a derivative work (theme) that you distribute for a fee.
But I guess my thoughts got mixed up because I couldn't see this as being
advantageous to the theme designer/seller.
The stipulation is, that you MUST license the derivative work
(theme) that includes the AutoTheme Lite .6 code as a whole under the GNU
GPL.
So what this means is that you can charge a fee for your theme that
includes the AutoTheme Lite .6 code, but the user receiving the theme has
all of the rights under the GNU GPL for the entire theme. So they can
modify and/or redistribute the theme for free or for a fee.
So if you sell one theme to one user, they may post the theme for download
on their site or email it to anyone in the world or even exchange it for a
fee. They have that freedom.
It definitely wasn't my intent to elude to any restrictions placed on my
GPL code, but I guess I just couldn't understand why someone would sell
something that was freely distributable to anyone after it was
purchased.
HTH
-Shawn
BTW... I will edit that comment 
Thanks for bringing this to my attention!
[Edited on 3/3/2003 by shawn]
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vworld
Junior Member Posts: 21 Registered: 2/19/2003 Status: Offline
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posted on 3/3/2003 at 04:21 PM |
Using that logic then all the themes created for all PN sites would be
freely distributable because they were created using PHP and PostNuke which
are both GPL'd tools. However, I think we're trying to compare apples to
oranges.
If I create a theme this doesn't take away my right to put stipulations on
that theme. I will have to think about this a bit more but if this line of
reasoning is true then all themes available today would be tied to the GPL
and they aren't. I think these works come under a different license all
together....but again I will have to do my research and think about this a
bit more.
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shawn
Administrator Posts: 4538 Registered: 10/7/2002 Status: Offline
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posted on 3/3/2003 at 04:47 PM |
Just to let everyone know, it really doesn't matter much to me what you do
with the GPL code as long as everyone has GPL rights to it.
If you want to build themes based on AutoTheme Lite .6 or earlier betas and
charge for them, no problem. Since parts of the GPL are open to
interpretation, if you want to restrict the copying and distribution of
your HTML and graphics, no problem I guess.
However, the AutoTheme Lite .6 code (e.g. PHP files) will remain GNU GPL
regardless of what modifications are made and by whom.
HTH
-Shawn
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vworld
Junior Member Posts: 21 Registered: 2/19/2003 Status: Offline
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posted on 3/3/2003 at 05:17 PM |
Shawn, thanks for clarifying the issues and stating your position.  And I'm
committed to understanding and adhering to the GPL both in spirit and in
requirements. And I knew you were that kind of person too, that's why I
wanted to make sure we all knew exactly what was meant etc.
Again, thanks for your efforts for this community and your response to the
posts.
http://www.designs4nuke.com
[Edited on 22/3/2003 by vworld]
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SWEDEN4
Junior Member Posts: 25 Registered: 1/7/2003 Status: Offline
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posted on 3/22/2003 at 08:44 AM |
I have modified the theme AT-XP. I´ve completely changed the colors and
graphics and renamed it.
I will now redistibute it for free to other Postnuke users - but I am now
wondering about the credits I ought to mention somewhere in the files.
Is it okey to wright something like this in the theme.html:
//
----------------------------------------------------------------------
//This theme "ArvidNocturne" is a modified version of "AT-XP".
//
//
// Original Author of file: Shawn -http://spidean.mckenzies.ne
//
// Modified by Fredrik Arvidsson - fredrik@fredrikarvidsson.com
// http://www.fredrikarvidsson.com
//
----------------------------------------------------------------------
By the way you can preview the theme here:
http://www.fredrikarvidsson.com/modules.php?set_albumName=album01&id=Ar
vidNocturne&op=modload&name=gallery&file=index&include=view
_photo.php
But, if I in the next theme I create - as a start - use (as an example)
AT-PMS and do a lot of changes in the code and graphics so that the final
result is far away from the original look - do I then have to give credit?
How much changes do I have to make for not adding credit to the original
uthor of the file.
I imaging that looking at the code they will understand that it is an
Autotheme even if there are no specific credit.
Fredrik aka SWEDEN4
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Mars
Moderator  Posts: 344 Registered: 3/11/2003 Status: Offline
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posted on 3/22/2003 at 09:15 AM |
You should always give credit to original work.
It just comes down to respect for other peoples work.
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shawn
Administrator Posts: 4538 Registered: 10/7/2002 Status: Offline
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posted on 3/22/2003 at 10:56 AM |
Just my opinion on my work, you don't need to add any credits to any HTML
or other files. Just leave existing credits in the PHP files or wherever
they are.
-Shawn
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SWEDEN4
Junior Member Posts: 25 Registered: 1/7/2003 Status: Offline
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posted on 3/22/2003 at 11:53 AM |
Okey, thank you!
SWEDEN4
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