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.
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.
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.
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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.
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.
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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.
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.
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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
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.
—————————————————————————————————————————————————— ———————————————————————————
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.
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:
(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:
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.
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.
That is exactly how I understood the situation to be.....
But we are both idiots right???
Yeah that wasnt a direct quote from candy.. just what my concensus from our convo was.
No, Brujah is completely correct and is saying what I have been trying to tell you for several pages of this thread.
The test of whether it is standalone and not derivative of Wordpress is whether it works the same without Wordpress. Obviously an image works the same with or without Wordpress.
I haven't used anything from the package yet and now that I am reading more and more of this stuff, I am curious if its legal or not. I could care less about the 50 bucks and I won't ask for a refund even if he fucked up but I am curious if I would be using this stuff illegally.
So, if I look at the theme forest themes, there are include folders with js/images/css etc., so does that mean that I legally should not be using it? I am a bit confused now because initially, people here decided that it was ok. Now though, it seems like people are saying its ok if it wasn't under a split license, but theme forest is all under split license and the packages have files under said license. (js/images/stylesheets). Again, I am not trying to get my money back, I just want to know if I should not use certain things from this package, or just throw the whole thing away, or what.
I unzipped one of the themes to show what I am referring to in case I am saying it wrong.
Lol, I once made a rough for a client using one of ghetty's images (with the watermark intact) and saved a proof as a jpeg on a site for the client to see it. Ghetty somehow found it two days later and threatened to sue our company. After talking to someone on their legal side for like an hour , my boss was able to get them to not sue us and just remove proof from the web. Even after explaining the purpose of the site and that it was only a screenshot, they were still thoroughly pissed lol.
This image was used for a part of the header. the jpeg I saved was from my layout psd file, it wasnt the stock image posted on the proof site. How the fuck did they find it?! lmao.
there are ways for people to find their shit and I just don't want to be threatened legally again lol, which is why I even mentioned anything.
Lol, I once made a rough for a client using one of ghetty's images (with the watermark intact) and saved a proof as a jpeg on a site for the client to see it. Ghetty somehow found it two days later and threatened to sue our company. After talking to someone on their legal side for like an hour , my boss was able to get them to not sue us and just remove proof from the web. Even after explaining the purpose of the site and that it was only a screenshot, they were still thoroughly pissed lol.
This image was used for a part of the header. the jpeg I saved was from my layout psd file, it wasnt the stock image posted on the proof site. How the fuck did they find it?! lmao.
there are ways for people to find their shit and I just don't want to be threatened legally again lol, which is why I even mentioned anything.
just to clarify, the ghetty image was used in the header for a proof before us buying it. the stock image was a crazy amount of money, like 300 dollars or something and we wanted to be sure the client, who wanted that image and no other, was totally happy with how it looked before purchasing it.
just to clarify, the ghetty image was used in the header for a proof before us buying it. the stock image was a crazy amount of money, like 300 dollars or something and we wanted to be sure the client, who wanted that image and no other, was totally happy with how it looked before purchasing it.
Getty Images will threaten to sue you for their images even if you did pay for them, its part of their business model I think lol
“Ours is a world of nuclear giants and ethical infants. We know more about war than we know about peace, more about killing than we know about living. If we continue to develop our technology without wisdom or prudence, our servant may prove to be our executioner.” ― Omar Bradley (1948)
Just as an aside, it's interesting to note that you can't put the genie back into the bottle once it's made GPL. After this issue was all hashed out in 2009 many developers tried to make some parts of their previously released GPL products a split license. Unfortunately once GPL always GPL. If you release an image you design or javascript you write one year under the GPL you can't then go and separate the non code items and incorporate them in the split license because they are already GPL.
I repeat the GPL does not matter and GimmeWebsite called Fris out on being Unethical.
License or not what Fris is doing is damaging to someones business.
The License is not there to be taken advantage of in this manner.
Originally posted by ShoeBox
Right and you are the one harassing a woman for calling out your boyfriend.
Originally posted by barcodes
Lol, I once made a rough for a client using one of ghetty's images (with the watermark intact) and saved a proof as a jpeg on a site for the client to see it. Ghetty somehow found it two days later and threatened to sue our company. After talking to someone on their legal side for like an hour , my boss was able to get them to not sue us and just remove proof from the web. Even after explaining the purpose of the site and that it was only a screenshot, they were still thoroughly pissed lol.
This image was used for a part of the header. the jpeg I saved was from my layout psd file, it wasnt the stock image posted on the proof site. How the fuck did they find it?! lmao.
there are ways for people to find their shit and I just don't want to be threatened legally again lol, which is why I even mentioned anything.
I'm going to say this story is bullshit.
Why would someone come here and make up a story like this? troll, boredom, etc.
Originally posted by ShoeBox
We will never forget.. we are anonymous we are legion
Wow you are pathetic.
Go put on your Guy Fawkes mask and take a picture of yourself naked.
“If you can convince the lowest white man he’s better than the best colored man, he won’t notice you’re picking his pocket. Hell, give him somebody to look down on, and he’ll empty his pockets for you.”
Please tell me I'm not the only one who sees the irony in the above exchange. Or maybe I just missed the post where someone made the query about Barefootsies' overhead. It is a 5 page thread and all.
First of all, the standard GFY 'I do this full time which means that I'm undoubtedly better than you!' insult is predicated on a way of thinking which should be viewed as archaic and regressive. This is something you obviously know to be true because I've seen what seems like at least a handful of your posts in which you stated that a willingness to diversify has been a major key to your success. Or is it just that there's a limit as to how much one should diversify their efforts? If that's the case, what's the limit?
And how does one definitively assess what is or isn't in the industry? I'm really curious about a couple things. Maybe you can enlighten me.
For one thing I'm doing, I just secured a sponsorship deal with PicoBong, a new line by Lelo. Take a look at the website.
The site doesn't exactly scream 'adult industry' and they don't necessarily want to be associated with porn but at the end of the day the products are still sex toys. So tell me, should the work done in securing the sponsorship be considered as 'industry' work ? Or is it 'non-industry' work thereby making me a big fucking 'industry part-timer' loser?
The other thing I'm curious about has to do with the work that I'll potentially be doing with a 'mainstream' dating company who I'm scheduled to meet with on Monday. You see, back in January I conceptualized a media strategy which I thought would be perfect for dating sites. The thing about the strategy, though, is that it will be targeting a finite market. After looking at ALL 'adult industry' dating programs, I quickly and easily determined that they ALL sucked ass. Every single fucking one of them. Populating a dating site with a bunch of fake profiles and switching up the tour every now and then may be successful when you're throwing massive volumes of recycled crap tube traffic at it on a daily basis, but if I were to use any of those sites with what I'm planning to do they would likely only be successful at alienating the target and watering down the effectiveness of the medium.
Sure I'd probably make some good PPS money for a bit but it would not be a sustainable income and, by and large, I feel that those who make their living by churning out a bunch of fake dating sites packed with pre-checked cross sells are fucking scumbags. So I decided that, even at the risk of having someone come in and successfully execute a similar plan before I had chance to actualize my version, I'd rather wait to find a decent partner than to have a single one of those cunt monkeys make so much as a fucking dime from my efforts. Even if it means I make nothing. So tell me, have I failed the industry by 'straying' or have 'industry' dating sites failed me and all of us by sucking so hard for so long?
And should we even consider the likelihood that people using mainstream dating sites with real people will 100% definitely have more sex than those who use 'adult' dating sites with fake people? Doesn't that make mainstream dating sites more adult than adult dating sites?
Thankfully I don't view the world through an 'Is it adult or is it mainstream?' prism, so I don't have to waste time thinking about shit like that even though doing so seems to be quite popular.
How much do you make from your sig per month? I don't post nearly as much as you or as much some of the other glorified trolls, but I know that I haven't made very much at all from my sig. Maybe it's because I've been doing it wrong. Maybe calling a cunt a cunt is anathema to sales. Or maybe it's just that the price points for the things I've had there have been too high. Maybe what you and scumbag bro types like DaLord say about the typical GFY posters is true and that the majority are poor as fuck. If that's the case, wouldn't a discount strategy be the way to go? Maybe something like .50ct iPhone apps? Or were you just trying to flex nuts again?
You do come across as being more intelligent than the average poster and if we are to believe what you repeatedly say in one nauseating post after another about your earning power, you're definitely more successful than the average poster. And you did give that money to the charity that one time so, as opposed to the dalords and 12clicks of the industry, there is a chance that you're actually a decent human. A successful, intelligent, decent human! Imagine that. So maybe now it's just time for you start acting the part.
I see where you're coming from and do agree to an extent but if every word in one's vocabulary functions as a separate unique tool, how is not better to have more tools in the toolbox? Barefootsies and people who like to make fun of Barefootsies often use the word 'toots'. It was probably an effective tool at some point but now it's just an overused, ineffective pseudo-slur with only a fraction the potential of a well-timed slur. Here are exhibits A & B on the power of using 'cunt' and 'faggot'.
I think it goes without saying that I'll take one well timed faggot over fifty lazy tootses every single time. lol
Oh, and here's exhibit C
Excerpt from an affiliate application page...
It?s common for affiliates to use language that is demeaning to women in an effort to make sales, but XX is quite particular in the language we allow to be used in association with us. Affiliates must present models respectfully with all written material, including the domain name itself.
The context in which XX material is promoted (see below for specifics) is just as important as the actual pages affiliates make, and will be taken into account.
Unacceptable words include (but are not limited to) ?cunt?, ?bitch?, ?slut?, or ?whore?. Other violent or demeaning language is not acceptable. Language that implies or infers models may be under 18 are not acceptable. If unsure, review the ASACP page of unacceptable terms.
Language exhorting users to participate is not acceptable (eg, ?cum and fill her holes?), as is language that infers a personal relationship (eg, ?here?s a pic I took of my girlfriend?), or language that is obviously untrue (eg, ?I saw these two babes getting it on, and filmed them too!?).
Swear words may be acceptable (eg, ?Fuck, check her out!?), but are not encouraged. Like so many things, use of swear words depends on the context: ?fuckable babe? is not acceptable, nor is ?I?d fuck her!?.
My response when applying?
I never use the word 'cunt' when referring to models, but I do frequently use the term when referring to someone who either pisses me off or has engaged in some type of behavior that I deem to be unacceptable. I also feel that, when used properly, it can be used humorously. IE, by casually reminding surfers of the fact that nobody likes a cheap cunt before ending with a smiley to make it seem like I'm joking when I'm really not. I'm also in the process of completing a webmaster resources page which will have a 'Do Not Promote These Sponsors' section. I'll more than likely use the 'C' word quite a few times in that section.
For the most part, I'm very respectful when referring to models. At least much more so than what is typical of similar sites even though I sometimes feel that doing so puts me at a competitive disadvantage. While I do somewhat frequently use 'fucking' as an adverb, the only time I ever use 'it as a verb is when referring to anal sex, i.e. 'fucked up the ass'. I guess that's just kind of like my thing but it's not the primary focus of any of my sites and will never be used in blog posts. Just the occasional gallery or page.
I love when losers show up on the weekends to mention me.
Does anyone know who this punk is?
Full me in.
I'm not a dinosaur, I'm a crocodile. I've seen dinosaurs come and go and I'm left unimpressed.
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