There’s an interesting debate going on in relation to WordPress and the GNU General Public License (GPL), more specifically WordPress themes and the WordPress.org theme repository. (WPCandy has a great post about the in’s and out’s of the whole situation.)
For many bloggers, the GPL means nothing to them. In short, the GPL is a license used to distribute “Free Software”. In this context “Free” doesn’t mean that there’s no cost associated with obtaining the software (though in practice Free Software often is), but that there are certain Freedoms guaranteed to the end user by the GPL.
The basic tenets of the GPL are:
- If you release software to the public under the GPL, you must provide the source code, either with the initial download or on request.
- You may charge for software, and/ or, source code released under the GPL.
- The end user is allowed to re-distribute the original software, but must do so under the GPL. (The end-user is not required to charge for for re-distributed GPL software, even if they paid to obtain it.)
- The end user is allowed to modify the original software in any way that they want.
- If the modified software is released to the public, then the modified software also must be released under the GPL and the modified source code must also be made available. (The modified can also be charged for, but once again the end-user is allowed re-distribute it at no cost under the GPL.)
- Any software derived from the GPL’d software, must also be released under the GPL.
So how does this affect WordPress themes? WordPress is released under the GPL, and according to Matt Mullenweg, founder of WordPress and Automattic, WordPress themes and plugins are derivatives of WordPress and therefore have to be released under the GPL.
As a result of this declaration, over 200 themes were removed from the WordPress theme directory because they did not comply with the GPL. The main reasons given were that these incompatible themes:
- contained hidden spam links, or
- had conditions attached which were forbidden under the GPL, or
- linked back to sites that also provided premium themes that were not released under the GPL.
While I, and many others, agree that removing themes that fell under the first two conditions above was the right thing to do, the controversy is raging over those themes that fell into the last category.
A lot of people have made a lot of money developing Premium Themes. While the GPL has no issue with charging for this work, Premium Themes often come with conditions that prevent the end user from re-distributing and/ or modifying the theme.
These Premium Themes clearly do not comply with the GPL, and if Matt’s argument regarding the derivative nature of WordPress themes is accepted, then the theme developers are in breach of the GPL.
Given that WordPress has been GPL since day one, and that the team behind WordPress are committed to promoting the GPL, I can fully understand why these themes should not be included in the Theme Directory. After all, the Theme Directory is run and maintained by the WordPress team, and they are free to decide the criteria required to be admitted.
On one side of the debate, we have those themes that are GPL compliant and will be included in the Theme Directory. On the other side of the debate, are those themes that are not GPL compliant and won’t be included in the Theme Directory.
In the middle of these two sides are the themes released under the GPL, fully compliant with the license, but link back to a site promoting themes that do not comply with the GPL. It is these themes that have led to the current controversy.
The developers of these themes that are making the most noise about being removed from the Theme Directory. I can understand their frustration. Their business model depends on two things: being able to sell multiple copies of the same theme without fear that it will be re-distributed for free; and being linked to by WordPress.org and all the sites using their themes.
The decision to remove these “middle ground” themes has hit the premium theme developers in their pockets, and they’re being extremely vocal about it.
As always, there’s two sides to the story. Matt’s opinion seems to be that WordPress is GPL’d and therefore anything derived from it should also be released under the GPL. This is not to say that theme developers can’t make money from their creations, but that they can only do so under the terms of the GPL.
The premium developers on the other hand don’t believe that themes are derivative works and therefore don’t fall under the GPL. Being the case, they believe that they should be free to sell their creations under any license that they want, and that they should be free to restrict distribution in order to protect their copyright and their business.
In the end, the debate comes down to one question: Can a WordPress theme be considered a derivative work?
Unfortunately, there is no standard definition of what constitutes a derivative work, but one generally accepted definition is that a derivative work is one that uses, modifies or changes the original source code to produce a result. In other words, the derivative work would not function if the original did not exist.
If you accept this definition, then a WordPress Theme has to be considered a derivative work because it simply does not work once it is removed from the WordPress framework. (You can see this for yourself by following this link to my WordPress theme, hosted outside the WordPress directory.)
So where does this leave the Premium Theme developer?
In order to comply with the GPL, developers will have to remove any restrictions forbidding re-distribution of their work. While they may be able to still to sell their themes, it won’t take much time for others to release them for free, in line with the terms of the GPL. When that happens, their entire business model will disappear, along with their revenues.
I’m not suggesting that there is no way for WordPress theme developers to make a living from their work, but they will have to seriously reconsider their current business models.
There are alternative business models available, all of which are compatible with both the spirit and the letter of the GPL.
Linux is probably the best known GPL software, and there are plenty of companies that have made money from Linux – mainly by providing paid-for support. WordPress Themes are nowhere near as complicated as a full OS, but there should be more than enough customers out there willing to pay for support on their WordPress based site.
The GPL only applies if you release your derivative work to the public. Therefore, you are not required to release your modifications if you keep the software in-house. This leaves the option to develop an theme framework (which is not released to the public), upon which you can develop customised themes.
While customised themes may take more time to develop, this is offset by the fact that they can be sold for a higher price. Using a decent theme framework would cut down on development time and reduce costs.
There is one drawback to developing custom themes: once you have released the theme to the customer, you are required to do so under the terms of the GPL. Once the customer has paid for the theme, it is theirs to do with as they wish, and they are free to release it, if they so wish. (The upside is that, in most cases, someone requiring a customised theme is not going to release it – at least not free. Either way, it doesn’t matter – you’ll have been well paid for your work.)
After all of that, what does this mean to bloggers? In the short term, the WordPress theme directory obviously has a whole lot less themes to choose from. Then there’s those who have already bought Premium Themes. Where are they going to stand, once all of this has blown over? (As it undoubtedly will.) That’s probably the hardest question to answer, and I’ll hold my hand to my heart and say I just don’t know.
In the long term, not a whole lot will really change. If you want to start to blogging, want a decent looking theme, and just get stuck in, then there are plenty of GPL themes out there to satisfy your every blogging need.
Tags: derivative works, gpl, themes, wordpress
Greets:
Just to clarify a small minor point in your article, it is possible to create a plugin that does not fall under the GPL. If it doesn’t use any function calls or code from the WordPress codebase, it can’t be called a derivative work and therefore doesn’t have to GPL’ed.
I just find it ironic though that Matt and crew have been caught a number of times not following GPL and copyright themselves. It’s kind of ironic to see him pushing GPL for every body else but himself.
Hi Mike,
Thanks for the clarification.
Matt’s argument seems to be that if the code relies on WordPress, then it’s a derivative work.
I’m not sure that you could write a plugin that doesn’t rely on WordPress in some way, even if it just to output the results. Is there a way to modify the output without relying on WordPress hooks and actions?
My personal belief is that if Matt wants to push GPL compliance within the WordPress community, then he has to make people aware that the GPL is not taking away their rights, but will ensure the strength of the community into the future.
Regards,
Paul.
Mentioned here: http://comox.textdrive.com/pipermail/wp-hackers/2008-December/023053.html
I’m trying to think of an example I use with my clients but after Matt’s rather distasteful comments directed towards me about my physical handicaps, I move most of my clients over to other platforms.
Hi Mike,
I’m not aware of Matt’s comments in relation to you, but I wouldn’t condone that type of behaviour under any circumstances.
Given the situation, I don’t blame you for moving away from WordPress.
In relation to plugins not being derivative works, I can’t see anyway to achieve anything significant without using a WordPress function.
In the end, I think it’s going to be down to the end users. If they want to pay for a non GPL plugin/ theme and abide by the agreement the developer provides, then there always will be a market.
It will boil down to the “ignorance” of the end user – if they don’t know about the GPL, then they won’t care when it’s breached.
Regards,
Paul
As much as your atcicle makes for a good read, you do have a few minor areas that just do not ring true for me….
Perhaps you would benefit from listening to the interview with Matt (can’t remember the site ofhand) regarding the Theme removals..
I to have no idea what Mike refers to, and he’s not provided a link, so he could be blowing hot air for all i know, and the statement might be totally untrue.
Theme developers are not being prevented from making money on their designs, they’re just be forced to not make their money off the back of advertising via Wordpress. If you make a theme for a customer, yes they can then release the code, but if it’s customised to their business there’s little chance they’ll want to…
Wordpress, Linux, PHP, and other big names run on GPL, and they still manage…
In essence PHP is GPL, so anything released into PHP cannot have a new license, yet we see 100000’s of people doing it and making money, this is no different….
Typically someone makes money, someone points out that you don’t have the right to it, and it can be passed along for free, then the toys start flying out of the pram…..
I’ve worked on Templates over the years, for different CMS’s, and i’ve made a little cash, but i don’t believe i have a ‘right’ to make money from it, because i’m building the template on an Open Source framework.
Imagine this, i create a SUPER recipe, a food soo delicious that everyone wants it. I then decide to charge a fee to obtain it, 1 guy buys it, he then goes on to show others how to create that recipe for free. What these themers would suggest is i have a right to keep that SPECIAL SECRET recipe to myself and sell it on…. sorry that’s just tosh…..
Noone, and i do mean noone, has a right to make money…. though i would say you have a right to try, and if you succeed, well good for you… but you don’t have a right to continue to make that money if someone manages to create the same piece of work and pass it along for free…..
HTML, CSS, PHP, Wordpress…. whatever your taste….. there’s no right to make something off it, but you sure as hell can try….
Development does not come from charging for everything you can, but it comes from sharing and showing others how to create. If you insist on KEEPING YOUR SPECIAL code, then do not put it into the public sector, and don’t create code for Frameworks that encourage FREE and OPEN work… you’re just swimming against the tide.
Matt hit the nail on the head in the interview regarding the license and having themes listed on the Wordpress site….
Some themers have been hit by the change, it’s hit their pockets, and now they’re throwing a hissy fit….. well tuff……..get over it, adjust your business model, re-read the license or find another area to work in. If you think your personal work is soooooo goddamn special that it can only be available at a charge, then you seriously need to re-think some priories and the work you do…
I love creating templates, images, random scripts.. I love if i can make money from it, i also love if another can take my code and do something with it, make money, expand it, or whatever they choose. The code is not physically mine, it’s a string of numbers and letters, or pixels, it’s ridiculous to believe i can own them….
Heck why don’t i create a 100 by 100 pixel image with random colours each pixel then copyright or license that image, when in reality i’m simply licensing a sequence of pixels, letters or numbers… If that’s possible then i should be able to say the use of “dhuikandhiuwdahd7iughd78231″ is copyright to t31os, i’m the first to use it, noone else has and i’ve created something unique. The series of characters has no value, and performs no function, but it’s my creation and i don’t want anyone else to use it without paying…… Does that not sound stupid?
Images, code, though on a more grand scale, are just a series of pixels or characters, if a pixel or a character itself is not of value, or is not licensable, then why should a combination of them be….
I’ve only been a Wordpress user for a few months (have used other CMSs for years), and the one thing that actually got me stuck on WP (have been coding PHP, CSS etc by hand before) was the OPEN and FREE nature….
Like one of the callers on the interview with Matt, i was driven away from other CMS’s as every time you needed some decent, plugins for example, you’d find a charge. Eventually the communities were Profit based, and you’d either pay or move along. Me i’d moved along….. as i’m sure many people do…. Now WP looks to either change and move forward or become what alot of CMS’s have, which is just another profiteering racket….
Open communities thrive, communities based on money and profit die, with exception to the businesses that can afford to pay, leaving average Joe (like me) on the sidelines.
I help, i design, i create, i share, but i’d still consider myself a low level developer, the difference…… i recognise and embrace the change, i’m swimming with the tide…
Hi t310s,
Thanks for the comment.
I pretty much agree with you. My thinking is that If you develop a WordPress theme or plug-in, then it falls under the GPL. It has to as a derivative work.
It is possible to make money by creating custom themes, I do it al the time for clients who want a website. I build my websites on top of WordPress because it is so easily configurable to my needs. Each website has their own custom theme and the client is free to do what they want with it. But I get paid to install and configure WordPress and to create a theme. The upside for me is that I go do it quickly, the upside for the client is that I can do it cheaply. If the client wants to release their theme to the public, then they can do so. I’m not going to complain, and I’d be rather chuffed if they did. None have done so, but that’s their decision. The code hasn’t been released to the pubic, so there’s no issue with the GPL.
The old business model of creating a Premium Theme for WordPress and selling it multiple times and restricting what the end user can do with it is gone. Premium Theme developers will have to find another model to work off to survive.
I am a fan of Open Software, I try to support it whenever I can. I do believe that copyright is an issue that belongs with the creator of the work, be it software, images or any type of media. What I don’t agree with is the length of time that copyright is enforceable. A creators lifetime plus a number of years is simply too long. (In the US, it’s life of the creator plus 70 years, in the UK, I thinks it’s either 25 years or 50 years from creation.) There should be a hard limit on copyright, say 5 or 10 years. In effect, this says, that we recognise that you put in time, effort and creativity to make this work, now you have 5 years to make money from it, jump to it.
In the end though, Open Source will win out, solely on the basis I think that there are so many more people working towards a common goal. More creative minds working on a project will lead to more creative solutions.
Regards,
Paul.