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Material Theme has been pulled from VS Code's marketplace

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Re: Material Theme has been pulled from VS Code's marketplace

#61

Earlier quoted context omitted.

My understanding is that permissive licenses (BSD,MIT) can generally be relicensed. For example you can fork a MIT project under GPL. But to do the same for a GPL project requires agreeement from all copyright owners, or just you if you made everyone sign a CLA. This is the whole point of GPL.

Your general understanding is wrong, as there's nothing in either BSD or MIT that allows for re-licensing, and nothing else gives you that right. You can incorporate MIT/BSD code in a proprietary project, but that imported code itself remains BSD/MIT licensed. For many projects, this is a technicality, but no, you can't claim copyright on MIT/BSD code that isn't yours.

Technically your statement is incorrect. The MIT license allows dealing without restriction and sub-licensing, but the effect of re-licensing an MIT product as GPL would be a license with many unenforceable terms on the code that is MIT licensed.

> Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

> The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

Note the "deal in the Software without restriction" and "sublicense" permissions and the virality of the terms that require the permission notice must be included with all copies.

One problem with this however is if someone has removed the license from the software like what has happened here, then that software really has no license because the license doesn't specifically state that it applies to derivatives. The Apache 2.0 license is much clearer on that subject of derivative works.

Re: Material Theme has been pulled from VS Code's marketplace

#62

So weird that this person took contributions from others then made it closed source. It doesn’t seem right, but not a copyright expert.

Was Material even his work in the first place?

Looks like it was, or at least the initial commit was. This was back in 2017.

https://github.com/material-theme/vsc-material-theme/commits...

I'm not sure why the initial commit already says "official", but that's almost a decade ago.

Re: Material Theme has been pulled from VS Code's marketplace

#63
post #60

Earlier quoted context omitted.

What about this clause: "The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software" It sounds like they went out of the way to remove that copyright notice. Am I misinterpreting that part? Genuinely curious since this stuff affects me....

As the original Copyright holder, you can do that. It just doesn't make the old Apache licensed version disappear.

I thought the MIT license was the original one?

Re: Material Theme has been pulled from VS Code's marketplace

#64
post #39

If you do a bit of a repo dive, the repo was initially MIT licensed from its initial commit for at least a couple of years before that license was replaced by Apache 2.0, so there's an argument to be made that that license also applies.

The Apache or MIT license would permit you to continue using it for all versions up to the last commit which used that license. Any later commits under a different license would not be Apache licensed and you would need to follow the new terms if using those newer versions. The new license doesn't prevent you from sharing forks of the older version which was Apache/MIT licensed.

Re: Material Theme has been pulled from VS Code's marketplace

#65
post #56
post #35

Earlier quoted context omitted.

This doesn't capture all of it though. There's also a bunch more that you can access by looking at commits in the Pull Requests.

It does, you just needs to find the last one before force push and click “browse repository at this point” and it will slow the pre force push history

Feel free to check for yourself, but the commits where the repo is licensed as MIT are not reachable from that UI - only the commits where the repo is licensed as Apache 2.0 (and the later self- created license). The earliest available activity entry is from 2023, which bottoms out at an initial commit from 2017. The code base is actually older than that having been started in 2015.

The commits which have the real unadulterated history of the theme are available by taking the same actions on the PRs (browse repo), as they point at commits in other repos where that history has not been erased not the main repo where it has.

I suspect this probably indicates that the GitHub repo was recreated in 2023 with a modified version of the source with the Apache license and a history that was rewritten to not contain the commits where the license was MIT. This aligns with what people are saying about the historical perspective on this.

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