[kwlug-disc] Wordpress themes must be GPL

unsolicited unsolicited at swiz.ca
Thu Jul 29 22:22:57 EDT 2010


R. Brent Clements wrote, On 07/29/2010 3:57 PM:
> On Thu, Jul 29, 2010 at 2:21 PM, Khalid Baheyeldin <kb at 2bits.com> wrote:
> 
>> It just says that you have to give the source code for
>> those who ask for it.
> 
> This statement is where the problem lies.  I don't see anywhere in the
> license that states this.  It only states that you have to make the
> source available to anyone that you provide the software to.  The
> quote you gave earlier applies to the person claiming the right to
> distribute it.  It states that if you want to distribute OSS code, you
> must make the source available.  If I am not providing you the
> software, there is nothing I can see that states I am required to make
> the source available.

I agree with you Brent, and GPL or no GPL, it is what I would do. If 
they want to come after me, go nuts.

IMO, there is no way by giving (selling) a binary program (with source 
included) a 2nd party can cause me to become obligated to a 3rd party. 
Particularly a 3rd party with whom I have no (prior) relationship. If 
they want the source, then I would refer them to the 2nd party.

If the 2nd party no longer has it, the 3rd party is either (a) out of 
luck, or (b) can request the 2nd party ask the 1st for another copy. 
[For which the 1st party may charge a fee. And I'm not convinced that 
they have to at all, as they provided the source to the 2nd party, 
originally.]

- which is all presumed on the 2nd party not giving the 3rd party the 
source along with the binary in the first place. Well, I guess sillier 
things have happened.

Khalid, all of your responses seem to focus around some direct 
relationship between the 1st and 3rd party. And Brent's points have 
been to avoid random, unknown, 3rd parties from having a claim upon him.

Now, I do take your point that it may be easier or simpler to simply 
have it on a web site. But that also creates a requirement to 
perpetually maintain that web site. While including the source puts a 
limit on things.

I suspect for a one-off or small number of recipients, I would do it 
Brent's way. Which is not to say I might not make a password protected 
ftp site available to those clients. Which I may take down after some 
period of time, should development cease, but only after making 
reasonable contact to say you have X amount of time to retrieve the 
source.

And, the web site can be created once sufficient mass has accumulated. 
IF it ever does. At the least, the act of writing a program and giving 
it to a friend shouldn't obligate me to perpetually maintain a web site.



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