WordPress, Thesis, and GPL Heartache
Several battles have been brewing from within the WordPress community.
It's WordPress, not Wordpress dangit!
A couple weeks ago, a snippet of code got sneaked into WordPress 3.0. The function, capital_P_dangit, is a filter that replaces "Wordpress" with "WordPress" throughout one's site.
While this doesn't seem like a big deal, this change infuriated some users. They claimed that WordPress does not own a user's content, and therefore, such a move (without first explicitly asking to do so) infringes on the user's expressive freedoms.
The filter itself doesn't bother me personally. What bothers me is the lack of review. This change produced a rarely-occuring permalink bug in WordPress 3.0. This "feature" was added with barely any discussion, and hopefully isn't an indication of things to come.
Themes and Plugins Must be GPL
WordPress is licensed under the GPL (v2). It's been clearly stated that all WordPress plugins and themes should be licensed under the GPL as well.
As written on Perpetual Beta, "Anyone who gets a copy of a premium theme then has the right to freely distribute it or modify it virtually without restriction (expect, of course, those restrictions found in the GPL itself)".
The popular paid theme, Thesis, does not adhere to the GPL license. The authors refuse to.
The GPL (version 2)
The GPL ensures that software is freely redistributable, but not necessarily without a price. You've probably heard the phrase "free as in free speech, not as in free beer." GPL software is meant to protect its users (and the community), not the authors. Users have four essential freedoms:
- The freedom to run the program, for any purpose (freedom 0).
- The freedom to study how the program works, and change it to make it do what you wish (freedom 1). Access to the source code is a precondition for this.
- The freedom to redistribute copies so you can help your neighbor (freedom 2).
- The freedom to distribute copies of your modified versions to others (freedom 3). By doing this you can give the whole community a chance to benefit from your changes. Access to the source code is a precondition for this.
Thesis is Special, Right?
The authors, particularly Chris Pearson, fear that switching to GPL will de-value their product. It'll allow for knock-off themes that are strikingly similar to Thesis — but for a fraction of the cost.
Under the GPL license, free distribution is encouraged -- as long as the product (or derivative) remains under the GPL.
The other argument is that although Thesis requires WordPress to function, the vast majority of the theme's code is totally original. In that respect, some argue that it may not fall into the "derivative work" category, which mandates the GPL stamp.
Chris claimed during a live call that WordPress cannot lawfully force Thesis to adopt the GPL. He coined the GPL as a "flimsy and unenforceable license".
No, says WordPress
The creator of WordPress, Matt Mullenweg, argued that licensing Thesis under the GPL was "the right thing to do." He argued that commercial GPL themes (and plugins) can still be profited from, and there are other effective models at earning a steady income (such as through offering services and/or paid support).
Most notably, those supporting Matt's stance argue, "If you don't agree with the GPL, then don't develop for WordPress."
Although both sides have decent points, I was a little disappointed by all the smearing via Twitter. At one point, Matt essentially told followers not to use Thesis, and (in response to a Thesis vulnurability claim), "This is what happens when non-coders think they can code." This isn't saying that Chris wasn't without flaws, as his arrogance shined during the live call: "I am one of the three most important people in WordPress."
Conclusion
This is an ongoing battle, with both sides clinging to their interpretations of the GPL license. I don't see either side giving up very easily, so this dispute could likely find its way into court. I'm excited to see how this unfolds, as a decision will affect not just WordPress, but many other open platforms (Drupal, Joomla, etc.) as well.
What are your thoughts?
Forum One News
Web Developer
As a web developer, Matt assists with the design, development, testing, implementation, and maintenance of Forum One client web sites and solutions for online community building, information...
Comments
GPL restrictions and derivative works
So the GPL is a license based on the copyright notion of a derivative work. That is to take a work authored by someone else and make changes to it. If you look at how GNU defines a derivative work, it's essentially using an API, subclassing, or passing data to and from another work. Note that I keep using the term "derivative work," this is the appropriate concept here, not whether something is partially or wholly dependent on WordPress (or anything else). In this light the PHP code behind Thesis would need to be GPL because it presumably invokes WordPress APIs. Any graphics or CSS (and potentially Javascript), however, may not need to be as long as they are not based on any existing GPL work. Leaving aside the concept of whether there is a moral obligation to distribute addons to a GPL platform also under the GPL, I think it would be hard to argue that the entirety of the Thesis theme would need to be GPL.
Note that I am not a lawyer, nor do I play one on TV.
Thesis Class Action Suit
OK, I have poked through the tweets, read the posts, listened to the debate bubbling away in the background, and now I have heard both Chris and Matt put their respective sides of the argument. So I now hold, what I would consider to be, at least a semi-informed view on the issue.
I can see both sides of the disagreement, but I have to say, I think Matt's line of reasoning is the better informed, the most public spirited and the one which has already and would continue to benefit the online community the most.
Chris way over-estimates the importance of Thesis to the WordPress community, and his position in that community. Somewhat speciously, he uses this inflated estimate of its worth to argue he should not be subject to a license that was in place long before he built Thesis and upon which he was entitled, in fact as a businessman, obliged, to read and understand before so doing .
I am also astonished at how rude, boorish and over-bearing Chris was in trying to dominate the debate, and had I known his views and understood the issues a little sooner, I would never have bought Thesis.
I wish I could keep my temper in check, as Matt did, but I know myself better than that. So I tried to think what I could do to help, instead of just getting mad, and this is what I decided.
Because of the overriding benefit to the online community, even though he will surely prevail; I don't think Matt should have to put up his own money to fight a law case to prove the validity of the GPL which is, in effect, on our behalf.
Therefore, I think the GPL should be tested another way. If you have bought a version of Thesis from DIY Themes (Chris Pearson’s company), or from any other website, you can click this link now and join the "Thesis Class Action Suit" list at http://virtualcrowds.org/thesis-class-action, and let’s see just how many people agree with Chris, and how many with Matt and the GPL.
I have been monitoring whole
I have been monitoring whole #thesiswp debate. Though being a Thesis skin dev. I still believe Matt was right till a point. Though the way he reacted on twitter was far away from professionalism and least expected from him. I will rather wait to see Matt filing a lawsuit against Thesis if he things he is also right legally. :)
More over I believe this debate will hurt Wordpress brand and giving more edge to other Blogging platform like Drupal and Joomla...
The GPL's commercial model is
The GPL's commercial model is based on trust. Once a theme is purchased, there's nothing under the GPL to prevent that person from posting the source code online for anyone to download for free.
When someone buys your theme, you trust that they won't turn around and sell a variant of your theme at a lower cost. You trust that they won't freely give the theme to those who would've otherwise been willing to pay for it.
Trust in business has become exceedingly rare. Handshakes and verbal promises have been replaced with contracts. The risk of bad people (legally) doing bad things is what makes commercial GPL a tough pill to swallow.
I don't blame businesses for wanting to protect their property, but as mentioned already, if you're not willing to accept the GPL, then don't use WordPress.
Is someone does not want to
Is someone does not want to abide by the GPL terms, then do business somewhere else.
Post new comment