http://bit.ly/acpdmR

I wonder who will be next on the “go GPL or we’ll sue” hitlist..

I think the part about not re-releasing the code built on top of WP is the part that I was missing here. It’s one thing to buy a solution, have the source code (assuming it’s provided) and be a developer who can modify and improve it. If those improvements or fixes (via the support community) make it back into the product and profits of somebody else, I can see how that would cause some unrest.

Thanks for the info.

The main point I wanted to make with regards to your comment is that, as has been pointed out elsewhere, several WP developers have determined that code was deliberately copy/pasted from WordPress core into Thesis, see Andrew Nacin’s post here:
http://www.andrewnacin.com/2010/07/15/thesis-gpl/

Additionally, Mike Wasylik, the lawyer who first proposed that fair use might apply, has said that in light of that fact, fair use probably wouldn’t apply.
http://www.davidglarson.com/web-design/is-thesis-for-wordpress-legal-almost-certainly/#comment-67

The code, as I understand it, was added around version 1.5, so all subsequent versions up to and including 1.8-beta would technically fall under the GPL because they include GPL code. The question then becomes, if Chris rips that code out, is that safe to use a non-GPL license? Or does 1.8 (minus the WP “copy pasta”) become a derivative of the previous, GPL versions unless he completely rewrites everything?

The whole issue is clearly outside the range of what casual observers could really gauge at this point, especially considering legal experts can’t even agree on the subject.

Since I have not seen the code of Thesis, I cannot comment on whether or not it is violating the GPL license, but many people seem to think it does, including Matt Mullenweg. Right now, Chris allegedly has a stringent license which prohibits most of that. (I say allegedly because I have not read his license.)

The goal is to have Chris Pearson release Thesis re-licensed to be compatible with the GPL which will basically give the people who purchase the theme the right to modify it and release it however they see fit (i.e. they can rewrite his code and release it for free or sell it, whatever floats their boats, so long as they release it under GPL, too).

Or, he can find a way to dual license it, which may be more trouble than it’s worth, so that the part which uses WP code is GPL and his custom bits are licensed however he wishes…but I think Matt would just be happy if the whole shebang were released as GPL.

If that were the case, then many many PHP programs out there which use a generic function from or use the include()/require() functions to call a GPL’ed file would therefore fall under some variation of the GPL, which is just plain silly.

What it comes down to is the ambiguous line between derivative and dependent; they are not the same thing.

And I know many people are bellyaching about going to court, but I want it to go there. I want a legal precendent to be set. But, in this specific case, unless it can be proven that Pearson is using code copy/pasted directly from the WordPress software outside of Fair Use, there’s a good chance WP could lose this one.

It’s better, and easier, in this case simply to ostracize Pearson/Thesis and form a rally of people (i.e. the diehard WP community) to stone him because one of a few things will happen: his business will ultimately be damaged and he’ll be forced to release under GPL, close up shop, or just live with the losses. I think Matt knows this.

It’s the cancer that’s the parasite or his the human that’s the parasite of the cancer?

Can anybody briefly sum up what type of threat WordPress views Thesis as?

Thanks in advance.

The way I see it, Matt and his crew built something that we have all been able to ride along with and make lots, and I mean, lots of money.

It’s only fair to listen to what few things he asks us to refrain from doing. Like Jeff said, if Matt asked me to do something, I’d probably do it. Our company has an excellent target customer base thanks to him.