Tag Archives: GPL

Mike Wasylik of Perpetual Beta has an interesting argument in the legendary GPL debate surrounding premium WordPress themes and plugins. He thinks that themes and plugins shouldn’t be required to be licensed under the GPL for the simple reason that they’re not derivative. U.S. copyright law defines a derivative work as one that physically includes a portion of the copyrighted work, which plugins and themes do not.

…even a theme or plugin that entirely dependens on WordPress to run at all, or simply improves WordPress in some way, would not be a derivative work and the GPL would not apply. For the vast majority of themes I’ve seen, the GPL would not apply because the theme is not, in my opinion, a derivative work. (In fact, if any one thing “incorporates” another, it’s most likely WordPress incorporating the theme, by use of the PHP include() call, rather than the other way around.)

According to the article, the copy of the GPL included in every download of WordPress even states that a derivative work is “a work containing the Program or a portion of it, either verbatim or with modifications.” I’ve been making a similar argument for awhile now. I have yet to see a theme or plugin that actually incorporates WordPress into the plugin code itself, rather than being included by WordPress. It sounds to me like WordPress, if anyone, is the one doing the deriving…

Most WordPress themes and plugins are unique code for the most part, with a few hooks or function calls. I must have missed the memo that utilizing a third-party API makes your application a subset of the other software. (That would mean any desktop application would be a derivative of the operating system.)

A follow-up article from the same author makes the additional case that, whether the GPL applies or not, the Fair Use Doctrine can protect developers from the licensing terms of the original creator. The same laws that ensure you can quote part of an article without having to pay whatever licensing fee the publisher can cook up apply to software. As little, if any, WordPress code is used in a theme, it would likely be considered fair use.

I like some of the ideology behind the GPL, and quite a few software packages licensed under it. However, it seems that in this case one party is misusing (or misinterpreting) it to prevent small developers from earning a living while further enriching the WordPress community. For what reason, good intentioned or no, I cannot guess.

I recently read an interesting post over at Blogsessive on the big controversy over the GPL and WordPress. It covers the other perspective, that of the smaller theme developers trying to earn a living, from a somewhat neutral standpoint of someone who on one hand likes the GPL, but on the other hand doesn’t want to put stifle the creativity of the authors who can’t necessarily devote time to something that will have little return.

The discussion around this always seems to evolve into “open source” versus “author protection”. As Alex King pointed out in one of his posts, theme authors should be aware of what the GPL license exposes them too, while it provides freedom for basically everyone else.

I’m not by any means against freedom and open source. I’ve been preaching about the power of WordPress and the wonder that it is, but what I love more is to see a protection system for those authors that make a living out of releasing quality themes and plugins for WordPress. Somewhere along the way, in our quest for “freedom” we forgot how hard it is to earn our living, how hard it is to learn the things we now use to feed our families.

I have a similar position. I like the GPL as much as anyone who contributes to the WordPress community, and I appreciate it’s provisions for paid software, but as nice as that sounds in print, it doesn’t always work out that well in real life.

My Take on the WordPress Themes & the GPL License [Blogsessive]