Has GW destroyed her business?

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  • candyflip
    Carpe Visio
    • Jul 2002
    • 43069
    #406
    The fact that you keep harping on the fact that I make ".50c apps" clearly shows how clueless you are on that specific topic.

    I could give them away for free and still make $$$
    Last edited by candyflip; 06-16-2012, 12:53 PM.

    Spend you some brain.
    Email Me

      Comment

      • gimme-website
        Confirmed User
        • Jun 2008
        • 1589
        #407
        emailed you brujah...
        www.gimme-website.com

          Comment

          • HomeFry
            Confirmed User
            • Jun 2006
            • 1062
            #408
            Originally posted by gimme-website
            emailed you brujah...
            I emailed you.
            Need Mushrooms Designed? Gimme-Website

              Comment

              • Brujah
                Beer Money Baron
                • Jan 2001
                • 22157
                #409
                Did we still need more proof? I'm only interested in the GPL portion of the conversation.

                  Comment

                  • Quagmire
                    Confirmed User
                    • Jul 2005
                    • 6490
                    #410
                    Originally posted by Brujah
                    Did we still need more proof? I'm only interested in the GPL portion of the conversation.
                    I don't understand why this dead horse keeps getting beaten and how split-GPL is being pulled in to a conversation about GPL.

                    The argument is about themes RELEASED UNDER GPL.

                    The person who created the theme cannot go back after the fact and then do a split-GPL on a theme or content that was previously released under a pure GPL. It would have to be completely fresh/custom code/design for a split-GPL to apply.

                    You cannot just take XYZ Theme, label it XYZ Theme 2.0 and change it to a split-GPL.

                    But, the further argument to this is that unless the theme itself can stand on its own outside of the WP system, even still GPL applies rather than split-GPL. This is where it gets cloudy and grey.

                    Gimme-Website is clearly trolling at this point with her 'but i just want to understand' comments while still taking jabs at fris. If someone making 6 figures doing design work really wanted a more definitive answer they would consult a lawyer rather than us rabble on a webmaster forum.

                      Comment

                      • fris
                        Too lazy to set a custom title
                        • Aug 2002
                        • 55679
                        #411
                        Originally posted by ShoeBox
                        I should get a GFY prize for longest thread in a month.
                        free ipad
                        Since 1999: 69 Adult Industry awards for Best Hosting Company and professional excellence.

                          Comment

                          • Brujah
                            Beer Money Baron
                            • Jan 2001
                            • 22157
                            #412
                            Quagmire, it is a dead horse but I was asked to provide proof, and that my comments were vague. I took the challenge.

                            You're wrong about the argument. It's much more than that, it's understanding that themes are released GPL compatible and that isn't the same as having assets also released under GPL.

                            WordPress - GPL Attorney response
                            http://wordpress.org/news/2009/07/themes-are-gpl-too/

                            To help clarify this point, I reached out to the Software Freedom Law Center, the world’s preëminent experts on the GPL, which spent time with WordPress’s code, community, and provided us with an official legal opinion. One sentence summary: PHP in WordPress themes must be GPL, artwork and CSS may be but are not required.

                            In conclusion, the WordPress themes supplied contain elements that are derivative of WordPress’s copyrighted code. These themes, being collections of distinct works (images, CSS files, PHP files), need not be GPL-licensed as a whole. Rather, the PHP files are subject to the requirements of the GPL while the images and CSS are not. Third-party developers of such themes may apply restrictive copyrights to these elements if they wish.

                              Comment

                              • Quagmire
                                Confirmed User
                                • Jul 2005
                                • 6490
                                #413
                                Originally posted by Brujah
                                Quagmire, it is a dead horse but I was asked to provide proof, and that my comments were vague. I took the challenge.

                                You're wrong about the argument. It's much more than that, it's understanding that themes are released GPL compatible and that isn't the same as having assets also released under GPL.
                                Right, but this is where more confusion comes in to play. Many (yeah, I know sorry about the generalization without posting proof) companies and people release their themes and products under GPL without fully understanding what they have done, and once it is out you don't have the right to claw it back.

                                Again, I am being lazy sitting on my couch so I am not going to hunt down links and examples, but the other part of the argument that has been put forward in the online communities and never actually legally tested in court is the split licence on something that was built purely for WP. The ongoing argument being that something that was built purely for WP falls under standard GPL. AdultKing touched on this earlier in the thread.

                                I am not a lawyer, and don't play one on TV.

                                  Comment

                                  • Brujah
                                    Beer Money Baron
                                    • Jan 2001
                                    • 22157
                                    #414
                                    Originally posted by Quagmire
                                    Right, but this is where more confusion comes in to play. Many (yeah, I know sorry about the generalization without posting proof) companies and people release their themes and products under GPL without fully understanding what they have done, and once it is out you don't have the right to claw it back.
                                    Right, and in the case of Headway themes he didn't like it but he can't take it back. That isn't the case with the majority however. For example: Thesis, Templatic, Themeforest (the largest?), ElegantThemes, etc... are all split in some way.

                                    Again, I am being lazy sitting on my couch so I am not going to hunt down links and examples, but the other part of the argument that has been put forward in the online communities and never actually legally tested in court is the split licence on something that was built purely for WP. The ongoing argument being that something that was built purely for WP falls under standard GPL. AdultKing touched on this earlier in the thread.

                                    I am not a lawyer, and don't play one on TV.
                                    The GPL has been tested, and this legal opinion was official from the GPL attorney. That's about as official as it needs to be really. If you're going to get taken to court over it, he'd be the one taking you.

                                      Comment

                                      • candyflip
                                        Carpe Visio
                                        • Jul 2002
                                        • 43069
                                        #415
                                        In no where does a split license come in to play...this entire discussion is about the GPL. There's no confusion in there. The confusion is when people start chiming in about split license this and that. As that HAS NOTHING TO DO with the point of this entire debacle.

                                        There's no debate as to whether or not people can use a split license. The initial blowup was is the stuff that was distributed under the GPL and does that allow for fris to do what he did.

                                        Spend you some brain.
                                        Email Me

                                          Comment

                                          • Brujah
                                            Beer Money Baron
                                            • Jan 2001
                                            • 22157
                                            #416
                                            Originally posted by candyflip
                                            In no where does a split license come in to play...this entire discussion is about the GPL. There's no confusion in there. The confusion is when people start chiming in about split license this and that. As that HAS NOTHING TO DO with the point of this entire debacle.

                                            There's no debate as to whether or not people can use a split license. The initial blowup was is the stuff that was distributed under the GPL and does that allow for fris to do what he did.
                                            It has nothing to do with this? Except in the post previous to yours I mentioned specific examples of split-license themes, that are in the package. I bet fris really appreciates you keeping it alive. You go boy.

                                              Comment

                                              • candyflip
                                                Carpe Visio
                                                • Jul 2002
                                                • 43069
                                                #417
                                                Originally posted by Brujah
                                                It has nothing to do with this? Except in the post previous to yours I mentioned specific examples of split-license themes, that are in the package. I bet fris really appreciates you keeping it alive. You go boy.
                                                I haven't seen the package and seen the actual licenses, I just saw the list he posted. I could see there being an issue if there were 100 things in his package and 99 of them had a split license. But if there's just one or two and he wasn't entirely sure what was up, I'm going to give him the benefit of the doubt. fris is good people and has done plenty for the folks of GFY. Anna did not do that and has stated to me in private that she most certainly could have gone about things in a different manner. I'm pretty sure that now, she wishes that she had.

                                                I am simply stating that anything that is GPL can be distributed just as he did, and that has been my side argument the entire time. And that is initially what you and I were going back on.

                                                Again, if there are a few split license items in the package I can let him slide and give him the benefit of the doubt. There have been a few people trying to do things on a split license set up and should not have. So there is also that possibility as well. Likely, no...but possible enough to cut him some slack

                                                Spend you some brain.
                                                Email Me

                                                  Comment

                                                  • Brujah
                                                    Beer Money Baron
                                                    • Jan 2001
                                                    • 22157
                                                    #418
                                                    If you haven't seen the package, then why are you bothering to argue about the GPL with me, and asking for more proof? What percentage would cinch it for you? How about 65%? Do you need more? Less?

                                                    Honestly, I think all you've really managed to do in the process is prove Anna's point by keeping it going. Well done.

                                                    Thesis Theme
                                                    The Thesis Proprietary Use License is a GPL compatible license that applies
                                                    only to the images, cascading style sheets, and JavaScript files contained in
                                                    Thesis. These elements are the copyrighted intellectual property of DIYthemes
                                                    and cannot be redistributed or used in any fashion other than as provided in this
                                                    Agreement.

                                                    —————————————————————————————————————————————————— ———————————————————————————
                                                    NOTICE: Distribution of Thesis in its entirety inherently violates the Thesis
                                                    Proprietary Use License. Further, use of the Thesis brand (trademark) to
                                                    distribute the GPL portions of Thesis is a violation of trademark law.
                                                    —————————————————————————————————————————————————— ———————————————————————————
                                                    Templatic Themes
                                                    http://templatic.com/support/faq/
                                                    Are the themes GPL ?
                                                    Yes, our themes are licensed under the GNU general public license. You cannot resell the theme or cannot redistribute the theme and this is strictly prohibited. Our themes are under the Split GPL license. All the PHP is GPLv2 and CSS, JS, and images are proprietary.
                                                    Themeforest Themes
                                                    Staff message: http://themeforest.net/forums/thread...l/34105?page=3
                                                    Themes on ThemeForest are effectively dual-licensed. The PHP code is released under the GPL , and the HTML , images, CSS , and JavaScript are released under the relevant ThemeForest license (unless the author explicitly nominates that these are also to be released under the GPL ).
                                                    README - Inside a Themeforest Theme
                                                    This WordPress theme is comprised of two parts:


                                                    (1) The PHP code is licensed under the GPL license as is WordPress itself. You will find a copy of the license text in the same directory as this text file. Or you can read it here:

                                                    http://codex.wordpress.org/GPL



                                                    (2) All other parts of the theme including, but not limited to the CSS code, images, and design are licensed according to the license purchased. Read about licensing details here:

                                                    http://themeforest.net/legal/licences

                                                      Comment

                                                      • Quagmire
                                                        Confirmed User
                                                        • Jul 2005
                                                        • 6490
                                                        #419
                                                        Originally posted by Brujah
                                                        Right, and in the case of Headway themes he didn't like it but he can't take it back. That isn't the case with the majority however. For example: Thesis, Templatic, Themeforest (the largest?), ElegantThemes, etc... are all split in some way.
                                                        100% accurate and I agree fully with the first part. So far as what constitutes the majority is up for debate. The bigger boys with the really high-end themes are running split-GPL at this point, yes. Their older stuff... not so much, which is where the grey area comes in to play.

                                                        You and I both know that in reality they've very likely re-used portions of previous themes in newer creations, but it would be near impossible to prove definitively. At the end of the day when it comes the law - it isn't what you know, it is what you can prove.

                                                        Originally posted by Brujah
                                                        The GPL has been tested, and this legal opinion was official from the GPL attorney. That's about as official as it needs to be really. If you're going to get taken to court over it, he'd be the one taking you.
                                                        Through luck or coincidence I've only used themes that are pure GPL, and I always purchase the ones I end up running with for more than a test because I want the updates and support. I certainly will not be the one to test out whether or not split-GPL stands up in court.

                                                          Comment

                                                          • Tijuana_Tom
                                                            So Fucking Banned
                                                            • May 2011
                                                            • 668
                                                            #420
                                                            Why are you morons still arguing the GPL?

                                                            The fact of the matter is the person who created the content does NOT want Fris giving it away. They are forced into using the GPL to develop for Wordpress and Fris is taking advantage of this for his own benefit.

                                                            What fris is doing is morally and ethically wrong.

                                                            You don't agree? too bad. Your morals and ethics obviously aren't as strong as some of us here.

                                                            And this is why none of you are making any money and Fris has to give away other people's work to get $50 jobs to pay his mom's rent.




                                                            Originally posted by fris
                                                            nice to see you are back Lamis or Alex2002 after having those nicks banned.

                                                            you are refering to the threads I make posting themes and plugins, Ive always stated those arent mine i just post them when i get them via newsletters or rss feed updates.

                                                            you were banned 2 times for a reason.

                                                            I even had to say in the threads that I in no way created the themes just to satisfy you more than one occasion, Im sure i could dig up links of threads where you assumed it was mine.

                                                            I dont even care you have a 3rd or 4th nick, im not going to go emailing a mod or anything because I dont care what you have to say anymore.
                                                            Uh that's not me Detective Moron.

                                                            Damn you are slow I guess that's why you sell or giveaway other people's work instead of your own.

                                                            Don't be surprised if one of these Fake Nicks is actually Fris trying to save face.

                                                            You better continue in all threads to say you are giving away other people's work. I've even seen you giving away PAID themes and taking credit for it. I didn't have an account I was just lurking so i've never called you out on it.
                                                            Last edited by Tijuana_Tom; 06-16-2012, 03:43 PM.

                                                              Comment

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