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GPL and the Wordpress x Thesis theme issue (Why Chris is right)

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Re: GPL and the Wordpress x Thesis theme issue (Why Chris is right)

#2
Though I'm not familiar with Wordpress and it's theming system, this argument has indeed puzzled me. This article is spot on: why would a theme be beholden to the software's license?

That said, maybe Wordpress themes are much different than normal themes, and are much more tightly coupled? That WP would pursue this if not puzzles me.

Re: GPL and the Wordpress x Thesis theme issue (Why Chris is right)

#3
To summarize:

Thesis integrates with Wordpress, it is not derivative from it. Same way Linux modules integrate with the Linux kernel (and many of them are closed source).

If someone is using a public/open API, and not distributing any part of the software, it means they are not based on the other.

Re: GPL and the Wordpress x Thesis theme issue (Why Chris is right)

#5
post #3

To summarize: Thesis integrates with Wordpress, it is not derivative from it. Same way Linux modules integrate with the Linux kernel (and many of them are closed source). If someone is using a public/open API, and not distributing any part of the software, it means they are not based on the other.

If that API is under the GPL then isn't use of it a derivative work? If the API is a GPL implementation of a standard API, e.g. the JDBC API, then it wouldn't be a derivative work, not sure if Themes call a wordpress specific API or not though.

Re: GPL and the Wordpress x Thesis theme issue (Why Chris is right)

#6
post #3

To summarize: Thesis integrates with Wordpress, it is not derivative from it. Same way Linux modules integrate with the Linux kernel (and many of them are closed source). If someone is using a public/open API, and not distributing any part of the software, it means they are not based on the other.

The comparison with Linux modules is problematic. Many people consider Linux proprietary modules illegal.

See for instance: http://www.oreillynet.com/linux/blog/2006/08/why_binaryonly_...

Re: GPL and the Wordpress x Thesis theme issue (Why Chris is right)

#7
post #5
post #3

To summarize: Thesis integrates with Wordpress, it is not derivative from it. Same way Linux modules integrate with the Linux kernel (and many of them are closed source). If someone is using a public/open API, and not distributing any part of the software, it means they are not based on the other.

If that API is under the GPL then isn't use of it a derivative work? If the API is a GPL implementation of a standard API, e.g. the JDBC API, then it wouldn't be a derivative work, not sure if Themes call a wordpress specific API or not though.

I think that's a great question, and one that could probably spawn a ton of interesting legal/logical arguments.

At what point does dynamic linking make something a derived work - and how is dynamic linking fundamentally different, than, say, a remote procedure call (or SOAP or REST or whatever) over a network? The interface is different, but the principle is the same.

Also - the GPL does state that it's okay to link against things that are "standard parts" of the target system....

Re: GPL and the Wordpress x Thesis theme issue (Why Chris is right)

#9

Isn't this whole issue why the LGPL exists?

That depends entirely on the goals of the original author (Matt and the Wordpress team, in this case). Judging from Matt's reaction, I suspect the LGPL would have produced the opposite result they were looking for.

Re: GPL and the Wordpress x Thesis theme issue (Why Chris is right)

#10
post #3

To summarize: Thesis integrates with Wordpress, it is not derivative from it. Same way Linux modules integrate with the Linux kernel (and many of them are closed source). If someone is using a public/open API, and not distributing any part of the software, it means they are not based on the other.

Realize you posted this before the above post was made, but apparently thesis is using Wordpress code, and not just the API.

http://drewblas.com/2010/07/15/an-analysis-of-gpled-code-in-...

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