[kwlug-disc] Wordpress themes must be GPL

Ralph Janke txwikinger at ubuntu.com
Thu Jul 29 09:25:07 EDT 2010


On 07/28/2010 10:44 AM, Raul Suarez wrote:
>
> I'm sure we've all heard the difference between "the letter of the 
> law" and "the spirit of the law"
>
>
> > [GPL has been ]untested in a court of law.
>
> If and when the GPL gets tested in court then "the letter of the law" 
> will be tested.
>
>

Well, there is a need to clarify. The GPL has been tested in court in 
regard of being a valid license in generality. It is not possible to 
claim the GPL in itself is unlawful and she be automatically void (as 
i.e tried to SCO claim).

> > ... the FSF interpretation is, in some cases, ideologically driven, 
> and overly broad in certain cases.
>
>
> Until that court test happens, then the FSF interpretation embodies 
> "the spirit of the law" as it was them that created the GPL.
>

The FSF's interpretation is like any other interpretation. The only 
thing the can additionally contribute is their intention since they have 
created it. However, they have no more authority in regard of 
interpreting the interrelationship between the GPL and statutory/common 
law as any other person trained in law.

Just look at Apple's interpretation of their license making it illegal 
to "jailbreak" their devices. The Library of Congress has clearly stated 
this not to be illegal (at least under copyright legislation, in 
particular the DCMA and its DRM provisions).

- Ralph
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