Important Change: New General Public License For All WordPress Themes
To better respect the spirit of WordPress, beginning August 4th, all WP templates on ThemeForest will be sold with two licenses.
Licenses
- GPL: All PHP code containing WordPress functionality will be sold with a GPL license. With this license, buyers will be free to modify and/or redistribute the files as they wish.
- Standard License: Don’t worry, authors. To protect your templates, all CSS, JavaScripts, and images will still be bound by our standard license.
Layman’s Terms, Please.
Properly selling WordPress themes can be a bit tricky. According to WordPress policy, all PHP files (with WP code) must be distributed with a GPL license. As you can imagine, this puts us, and our authors, at a disadvantage. How can you profit from your themes if any buyer is within his rights to redistribute your theme as he sees fit?
Luckily, our authors shouldn’t worry. Only the PHP will come with the GPL license. Your images, stylesheets, and JavaScripts will still hold our standard license – which forbids buyers from redistribution.
Why Make This Change?
For two reasons:
- 1: Technically, we have to.
- 2: It’s important to respect the spirit of WordPress. This is the way it was intended.
Do I Need To Do Anything?
Yes and no. We’ll take care of updating all zip files to include a GPL text file. Beginning August 4th, all authors will need to include the GPL text file with their theme, when submitting. More information will be provided closer to this date.
No Thanks, I Won’t Participate
We understand; however, I highly urge you to reconsider. Because your images and CSS are 100% protected, you don’t need to worry too much. Having said that, if you do choose to remove your item(s), you have until August 4th, 2009 to do so.
You’ll find that most marketplaces on the web are adhering (or are in the process of transitioning) to the GPL.
Additional Information About the General Public License
Where Can I Read More?
Why does the GPL permit users to publish their modified versions?
A crucial aspect of free software is that users are free to cooperate. It is absolutely essential to permit users who wish to help each other to share their bug fixes and improvements with other users.
Some have proposed alternatives to the GPL that require modified versions to go through the original author. As long as the original author keeps up with the need for maintenance, this may work well in practice, but if the author stops (more or less) to do something else or does not attend to all the users’ needs, this scheme falls down. Aside from the practical problems, this scheme does not allow users to help each other.
Sometimes control over modified versions is proposed as a means of preventing confusion between various versions made by users. In our experience, this confusion is not a major problem. Many versions of Emacs have been made outside the GNU Project, but users can tell them apart. The GPL requires the maker of a version to place his or her name on it, to distinguish it from other versions and to protect the reputations of other maintainers.
-gnu.org
Additional Questions
If you have any additional questions, leave a comment and we’ll get back to you as soon as possible.
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Comments
Jeffrey
Hi, I'm Jeff. I'm the editor of Nettuts+, and the Site Manager of Theme Forest. I spend too much time in front of the computer and find myself telling my fiance', "We'll go in 5 minutes!" far too often. I just can't go out to dinner while I'm still producing FireBug errors...drives me crazy. I love jQuery, PHP, MYSQL, CSS, AJAX - pretty much anything.
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This is crap! Spirit of wordpress….but you can still make money.
I can already see buyers getting completely confused by this.
Great move!
It’s important to keep up and move with everyone else on issues like this.
Envato is always good at being on the leading edge when it comes to this sort of thing.
Thanks!
I agree with this change, makes everything more clearer..
Every wordpress theme company is going to be GPLed soon since that’s the only way to get on the wordpress.org commercial themes page.
Excellent strategy by Matt and company.
So what does this mean exactly? You buy a WordPress theme, but you can still only use the license on one blog, because the images and CSS are still protected by the original ThemeForest agreement. But you can go and take out all the images and CSS and reuse the theme elsewhere with different images and CSS, which I can’t see many customers doing.
To completely adhere to this doesn’t that mean that Themeforest will need to allow author’s to sell other author’s code so long as they change the images, CSS and JS? The more difficult part of Wordpress is the functionality of it and being able to take/steal code will allow others to easily create there own to sell.
Doesn’t this also mean that the PHP files from the theme will need to be made publicly available at no cost, since the PHP files are the source code?
And if I only want the PHP code without CSS and images, can I get de code for free?
Basically, any and every theme has the possibility of having someone distribute the entire theme sans media.
I’d just be glad they didn’t license it under the Affero, then every designer would be required to set up a development repository just because their project was posted in the internet.
I’m actually very happy for this, because this means that there can now be alternatives for commercial themes. A volunteered, free theme that uses the same professional codebase.
Hey guys – I know this isn’t ideal. But this is the best possible option that we have.
Hmm, I guess it’s time to stop designing for WordPress, because as someone have mentioned, the author can spend 72 hours coding the thousands of lines of code to change WordPress into ‘PUT THE NAME OF VERY ADVANCED WEB APP HERE’, and someone else can just buy the theme, change the CSS and sell it again, or even worse – give it for free. ‘
I admit – I work on Linux, but I strongly believe that GPL is one of the most invasive licenses today and it’s literally the way to prohibit people from earning money. So, no more WP themes from me on ThemeForest (heh, no one will miss them, lol). On the bright side – most authors thinking this way will create more unique XHTML and Joomla themes
.
But, does it mean there will be no way to sell WordPress plugins on ThemeForest or (if any) future script & code marketplace?
I’m personally not to worried. This has technically been the law of the land for over a year now if you’ve been keeping up with the blogosphere as well as the Wordpress fine print, it’s just now being formalized by Wordpress press releases. Bottom line: Wordpress is GPL. Always has been, always will be. This is a GOOD thing: it promote the community’s use of an awesome technology and encourages growth as opposed to locking down the technology until a new fad comes along, where you have to re-learn all over again. So long as you focus on the design aspect of your themes as the primary reason that people would buy it and treat the WP code simply as a means to an end, you’ll be fine. Besides, the key motivating factor behind anyone buying a ThemeForest product has, and should be, good design – that is, images + CSS + art direction – not well written code. Well written code is a requirement, not a benefit.
Okay, I honestly fail to understand one thing. ONLY php is now GPL, css and graphics aren’t right? So basically, where is the change, php has always been a part of wordpress and no one claimed copyright over a footer file or over in-building a plugin into the structure.
For example, person X downloaded a theme from TF, can he change a few things and release it as his own? NO, because css and graphics are protected. It means with wordpress themes going GPL, there is still no risk of being ripped (so-to-speak) because its the css and deigns that makes a THEME.
Designs are recognized by DESIGN and not by the layer of php underneath, which is, in most cases, pretty standard for most themes in a certain category.
ok so basically i could buy a theme with superior backend coding and an advanced options page and since it uses wordpress I could just , crank out another design and resell it? This sucks.
Could you please add a themeforest rule of not accepting such themes? Would have nothing to do with the wordpress gpl licence. I can live with the fact that people who buy my themes reuse it in different projects with their own designs but those people selling my hard work would be ridicolous.
This is not good, and I’m really annoyed at Wordpress taking this line. The code can sometimes set the theme apart, anyone can produce a design so the fact is that I produce a fantastic wordpress system with template pages, options sheets, colour options etc. and someone just comes along buys that for $30 and puts a new design to it, all my hard work STOLEN.
Really not happy
Good move by TF, I personally don’t find it a problem (and am in the process of testing a theme for free public release right now…).
If authors are worried about themes being redistributed and all, that’s not really right – your theme could have been redistributed/reused for another theme any way, and now, they’ve just formalized it. Either way, media won’t be used (for fear of curses/threats, at the very least).
Would be interesting to see just how many theme authors actually pull out of Themeforest, although many would threaten to.
AT LAST!!!!! Good Job TF!!
Since I believed, that the PHP-Code has been redistrubutable before and I would be be buying the design and media I don’t see any problems as a potential buyer. I wouldn’t be able to produce any really great images for a theme
And to those who complain, you read the GPL, didn’t you?
I believe, that the code can as a derived work that is not able to stand alone only be GPL or compatible licensed and nothing else. Is like that, has been like that since Wordpress startet using GPL, so I believe you all released GPLed code before without realising…
Regards, Ines
humm, im a buyer and modifier, but im not agree with this because what happen with work of designer and developers.
i hope that this dont change the power of quality of theme in wordpress.
I’m happy to see you guys making the switch, even if not everyone is. As you say, this is in keeping with the law and spirit of WordPress and is really a no-brainer.
As Brandon says, it’s good visual design that is the real point of differentiation, and that is still covered under a protective copyright. Strong visual design is also traditionally something that open source folks haven’t done a terrific job with, so even if someone buys your theme to build freely upon your PHP code for later redistribution, it’s unlikely that it will matter much.
And an anal-retentive note: You’re using the wrong WP logo up there. The real WP logo has a tall, elegant W in it, and the one you’re using is short and squat. The real logo is easy to find in many sizes at http://wordpress.org/about/logos/
@Kriesi – To have a rule or simply not accept the theme based on those grounds would be violating this license.
As a buyer, I have to say I will continue to buy themes I find of good quality.
Instead of seeing only the pitfalls and possible disasters , continue to be creative and make good themes, and see if not the money keeps running in… don’t take it for granted that everyone will “misuse” your themes and sell them to others. Not a very good business model anyway, as the author is the one knowing the code and are able to make quick changes and answer questions.
If it looks good, and works as intended – I will buy it. And Themeforest is for the time being where I look for new themes, so keep them posted…
OMG This is not good for sellers at all, ok someone has to buy the theme first but could potentially redistribute the theme with minor changes to the design and calls it their own and make a profit off our backs!
Don’t think many wordpress authors/developers will be selling many themes on Themeforest if that’s the case.
The GPL license just doesn’t make sense for WP because it is a web app not a application like the GPL was made for. Wordpress is a great platform but it is very frustrating for plugin and theme developers to be bound by the GPL because anyone can steal your code and do what they want with it. So many plugin and theme devs get burnt out because developing all the stuff they do takes time and they generally get little return from it. That being said, I won’t make themes for WP to distribute because its not worth it.
Well.. soon you’ll end up with a Paypal “buy me e beer” button next to your wordpress theme just because….
@Kriesi: I agree with you. Take your unique theme as example. All the Js codes are custom built and I know it takes hours to get it done. Others can just spend $30 and modify your theme then redistribute along with the great function. It doesn’t feel good when ppl making money from your hard work.
I really don’t think this is a good move for either party.
I really don’t agree with this licenses. All the hard work of the developers will be wasted if it is copied by others and resale it. Themeforest should appoint team to check if the theme is built in using others code (plagarism) , if so then reject it.
I don’t think we can really complain since we are making money out of Wordpress which we haven’t pay for it in the first place (as opposed to something like EE). I totally agree with Brandon comment, this helps making Wordpress growing.
Also, are the buyers really purchase items for the kick ass code we put in? I doubt so, I believe (my opninion) they are going for the design.
@Guillaume Its not only design which the buyers look for, its the funtionality.
Well, most developers respect other developers. They don’t just download your work, copy it, and resell it. It’s just wrong. I guess we just have to rely on that.
Does it cover also custom-bulit widgets like flickr, twitter etc. ?
Wow, the amount of bigotry coming out from some of the “top” theme developers here is astounding.
Using a free platform like WordPress with freely available JS libraries like jQeury, which anyone with 2 weeks of reading some of the tutorials on this very blog can pretty much become marginally good at, yet they complain when they have to adhere to standards set by the same developers who they’ve been feeding off.
Amazing!
What you guys are failing to see is…there is no other option. You have to adhere to the WP rules or your breaking the law. Complaining here won’t change it, try http://www.wordpress.org. Doesn’t feel good, but its your choice to develop for WP remember that!
Lol, well this means I might get some more competition in the joomla field
, lol
And I also think that Hyder has a point, I personally try to do some free help for the communities which I make money from, you can’t just take and not give…
Yes, what Hyder said. Perfectly put. Now all of you shut up.
@Hyder: You pretty much hit the nail on the head there. I won’t touch the hypocrisy accusation as I believe the top authors have the marketplaces interest at heart – not the mention the fact that they feel the need to be compensated for their incredibly hard work, but your point that most of the “tools” that we use are freely built and distributed by other developers is at the core of this legal argument.
The fact is that whenever you code on Wordpress, you’re benefiting from Automattic’s good will and the GPL licensed framework which they continuously update for free (they get paid other ways, of course, but that’s not the point here). For other developers to make money by re-configuring that free framework seems like a jab at the original developers. I’m not leaning too far on one side or another, but the fact is that Automattic are the original authors of their proprietary WP framework, and for themer’s to repurpose that free code and then charge for it is strictly “outside of the spirit” of the Wordpress project mission. That’s the legal argument that’s been documented. No amount of complaining is going to change that legal issue.
Now, I totally empathize with the arguments that the WP themers are making (heck, I’m one of them now), but this really should lead to an argument over the actual value of a WP Theme Coder. In my interpretation, functionality is tied in closely with the CSS and the images in a premium WP theme. Sure, someone can re-use the core HTML/PHP code that you have written, but without the CSS or images, it’s going to look like a mis-rendered POS. You might bring up custom functionality like Kriesi specializes in? My argument there is still the same – the CSS that renders those custom functions is where the core value is at. The functions are awesome, but without a proper CSS file, they don’t do much for a theme as a whole.
What this discussion should really be about is how to securely protect the styling/images on the themes, since that’s the only part that can be licensed at this point, and leave the GPL debate to the lawyers. In my opinion, it’s still a “rip” is someone buys a theme, changes a few small things, and then re-submits it to the store or re-distributes it. Core code aside, it takes a good amount of work to make a theme truly different from another theme… especially if you’re starting with an existing theme as opposed to starting from scratch.
I’d like to hear a little bit more from the admins how this will be changing (if at all) how copyright disputes will be handled and how CSS/image licensing will be implemented and protected.
Oh – and it’s been said, but people need to remember, this is NOT ThemeForest’s choice; This is them complying with a legal document that could put their success in jeopardy if they didn’t comply with it. No jabs at the TF admins are warranted here, they are doing their job and doing it damn well. The fact is that pretty much all stores selling WP themes either have, or are about to implement similar rules within the next month or two. All of the major stores have already switched as I know.
@Brandon – As you said, without CSS and images WP themes are basically worthless. The images and CSS are not GPL, as I would imagine neither are the JS effects. Most of the authors here are very creative and do amazing things for WordPress themes.
I think they should just channel their energy their and stop sending troops to a battle they cannot win.
@Hyder: Agreed – although the JS effects largely depend on the use-case though. In many cases, even this is GPL as the jQuery scripts that most users use (jCarousel, prettyPhoto, slider, etc.) are also GPL or some other form of open source. I think that while each of these tools might be GPL, it’s the “whole package” including the CSS and images that are the true value to users. Quite literally anyone can download Wordpress and jQuery (as an example) and put together some rudimentary functionality within XYZ-days – it’s the unique styling and design (including the layout) that brings the value to the table for most buyers. That’s just conjecture on my part, but I think the community would agree.
I don’t think the Automattic folks are out to put anyone out of business, but drawing a line in the sand and saying that their core code is open source is a pretty important thing for them to do because it protects their intellectual property the same way most WP themers are trying to protect their own IP. This is simply another step in defining the legalities surrounding web design when an open source framework is involved. Anyways, love it or hate it, I think this has spurred some very interesting discussion in this post.
…and how the “developers” license fit in now? I.e. does one really need to pay for using the theme on 10 projects or unlimited on the web, if purchasing just one for $30 grants you the right to do whatever?
Or, does the multiple-usage license applies to graphics / css only?
I asked Adii from woothemes the same question, no reply yet. I think sellers (or marketplace that is responsible for sales) needs to be more specific on this now, to avoid rip-offs.
Man.. this kinda sucks but I know it needs to be done. I applaud themeforest for doing, this is necessary. It’s not going to affect most theme developers, but it is going to affect the few who make out of the box wordpress themes. (The first one that come to mind is the WP-Yellow pages theme on TF). Those guys worked really hard on PHP code, and it must not be fair to them to have people easily distribute the code and/or use it for free in their projects. WordPress uses GPL though, so no way getting around it.
This at last helps to encourage developers to also sell Drupal, Joomla, Magento and themes for a lot more other system which are too much ingored here at ThemeForest….
But I do understand the frustration, even though I am only a buyer here.
From where I’m standing, there is only one good thing about this move, but it depends on how TF “management” will choose to play their cards. Here’s what I’m thinking:
WordPress themes (I’m referring to WP section cause it’s definitely the one doing all the heavy lifting) were priced based on function, rather than form (someone correct me if I’m wrong). Meaning a poorly designed themes with a crummy admin panel would be priced at $30 or $35, while themes with a fresh design (CSS and images, right?) but no admin panel would be priced lower.
I’m not saying this cause I have a WP theme with no admin myself (I’m actually happy I got a $25 price tag – more sales), I’m just saying this because the new GPL thing raises a question: now that any author can stick an admin panel (if they are smart), I’m really curious how the pricing will be determined from now on?
Also, don’t get me wrong: not all themes have a basic admin, copy / pasted from some tutorial. Some authors went the extra mile to create a solid backend for their themes. If you’re asking me, they have all the reasons to be angry about this.
I guess we’ll see how / if this will affect the marketplace, right?
This is not going to be good. Authors are going to start a riot when they see buyers posting themes with the same or similar PHP coding.
@Alex – really and how are they going to see this PHP coding without buying the templates to see it?
I think a lot of the backlash is from people who don’t really understand what is being said. I know everyone is complaining that they put hours into making there templates into WP themes, but come on it’s not that complex and once you have done it a few times it’s not really that hard. And really I’d probably prefer to buy the HTML templates over the themes created by some of the people here. The one I just recently purchased had everything hardcoded into the main page and horrific. And the other 2 WP themes I bought were nothing special, few functions added to their HTML. These guys aren’t writing anything more then some WP functions into their HTML templates, not some magical new thing written every time.
And to top that off, I have yet to find a template that had some real JS written for it. Out of the 10-12 that I have looked at they are just jQuery plugins written by someone else and given away freely that you are then putting in your template to sell it. Even the JS is straight out of the example code. The code they are writing is hardly close to original work and should never been thought as being something that could be protected. And I have no proof other then the majority of the comments on the themes I have looked at, but it seems people are really mainly buying the templates because of the “cool” jQuery plugins that you use, so trying to defend you need to protect your code when it’s really you selling other peoples code as your own is hardly something to complain about.
Good job, ThemeForest!
Additional thought. Those authors that aren’t keen on this change: Think about it, a large majority of those who purchase the themes are likely not going to be able to easily take your hard developed PHP back end code and churn it in to a sell-able item. It would require all of the graphics and templates you had created to accomplish that, which falls under the standard license.
Some good in it anyway…
Not really digging this.
Often times the stuff you find in premium themes are customized/ altered/ reinvented beyond the abilities of the platform. Extending and expanding possibilities. Yes the platform is open for us all to use but if it was not for people with vision to use and expand it we would all be using Kubrick!
A lot of time goes into developing a quality PREMIUM theme. It takes many hours to figure out how to manipulate the capabilities and various techniques to weave together ideas that make a theme unique. Often times utilizing components that are NOT WP and finding ways to make them play together.
Allowing code that took hours to create to be ripped and repackaged really leaves me a bit sour.
if they released under the gnu/gpl licenese, am i valid to share the templates?
i dont understand this