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Would WordPress Sue The Maker Of Thesis WordPress Theme? - Mixergy Interview

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Re: Would WordPress Sue The Maker Of Thesis WordPress Theme? - Mixergy Interview

#121

Post by stoney »

Otto42 wrote: post #89
stoney wrote: post #86

I don't understand why just because something requires Wordpress to work it is a derivative work? Surely anything designed to work on any platform would be a derivative work by that argument? The GPL talks about containing the original Program, not requiring it. Looking at the quote below from the Software Freedom Law Center, if you replace "PHP" with "VBA" and "Wordpress" with "Excel" it would imply that all Excel m…

In the case of Excel macros, Microsoft have provided a public API within which to create those programs. This is not the case for WordPress themes. Themes use the internal structures of WordPress to do their work, not the public APIs that WordPress provides.

So what defines a public API? The Wordpress internals are all public so why doesn't that count as an API?

Re: Would WordPress Sue The Maker Of Thesis WordPress Theme? - Mixergy Interview

#122

Post by unavailable »

jseifer wrote: post #72

Some choice quotes from Chris Pearson in this interview: "This can't be understated or just glossed over as if it's not true. My position at the market is pretty much at the top. I'm the most visible person in this space so everyone's gunning for me. Everyone wants a piece." "There's no resolving this. Either you sue me or you don't. Or you continue to talk, or you don't." "I've been arguably one of the top 3 most im…

Zuckerberg's theft robs Pearson of sleep.

Re: Would WordPress Sue The Maker Of Thesis WordPress Theme? - Mixergy Interview

#123

Post by regularfry »

tzs wrote: post #118
regularfry wrote: post #117

Earlier quoted context omitted.

You know when you take a stance, and you say "What would it take for me to change my opinion on this?" Yeah, this is one of those situations for me. Have you got a cite?

Lewis Galoob Toys, Inc. v. Nintendo of America, Inc. is relevant, as is Sega v. Accolade.

Sega v Accolade is food for thought. I don't think it's directly relevant, dealing as it does with direct copying (and an associated trademark claim, but I'll ignore that), but there are some tangential opinions in there that might have a logical bearing.

Galoob is fascinating - thanks for that, I've not read it before.

Re: Would WordPress Sue The Maker Of Thesis WordPress Theme? - Mixergy Interview

#124

Post by Psyonic »

slantyyz wrote: post #37
pavs wrote: post #32

Earlier quoted context omitted.

Thesis is more than just a gobbled up css theme, its a framework within wordpress. It won't work (the same way) without wordpress.

I don't really have a horse in this race, but from the sounds of it, Chris does seem crazy enough to stick it out in a court fight. My gut tells me he would come out the winner if it went to judgement.

As a general rule, "gut feel" doesn't predict the outcome of legal battles all that well.

Re: Would WordPress Sue The Maker Of Thesis WordPress Theme? - Mixergy Interview

#125

Post by tjogin »

rick888 wrote: post #108
tjogin wrote: post #105

Earlier quoted context omitted.

Complying with the license to avoid breaking the law and risking a lawsuit is usually a very compelling argument for a business person. But not this one, that much is clear.

"Complying with the license to avoid breaking the law and risking a lawsuit is usually a very compelling argument for a business person. But not this one, that much is clear." I love all the posts here about "breaking the law". I never see this much support when a content owner doesn't want their stuff shared on the torrent networks for free. Funny how politics plays into the rights and wrongs of society.

Sure. Ignoring all the other reasons to pirate something, like lack of legal alternatives or whatever, most people who pirate a song, film or whatever, don't do it for profit.

Re: Would WordPress Sue The Maker Of Thesis WordPress Theme? - Mixergy Interview

#126

Post by BriefEpisode »

tjogin wrote: post #125
rick888 wrote: post #108

Earlier quoted context omitted.

"Complying with the license to avoid breaking the law and risking a lawsuit is usually a very compelling argument for a business person. But not this one, that much is clear." I love all the posts here about "breaking the law". I never see this much support when a content owner doesn't want their stuff shared on the torrent networks for free. Funny how politics plays into the rights and wrongs of society.

Sure. Ignoring all the other reasons to pirate something, like lack of legal alternatives or whatever, most people who pirate a song, film or whatever, don't do it for profit .

But there are people or enterprises profiting in piracy. Go to The Pirate Bay and type in anything and click on the search result. Heck, even go to the splash page. There are ads.

The songs and films and software on The Pirate Bay aren't funding the corporations or artists with the copyrights, but they are funding the revenue stream of TPB itself.

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