Last night, a visitor named Mike left a comment to my post WordPress, Themes and the GPL:
What am I missing? A site like Elegant Themes distributes their themes under GNU Public License. They charge a fee for doing it, which is obviously supported by the license. However, anybody who gets the themes has the right to redistribute the themes and not charge a fee, right? Why isn’t anybody doing it?
My initial response was:
That is an excellent question, Mike. Since I purchase at least a theme a week, I have built a very nice theme library myself. However, it has never occurred to me to redistribute a theme free of charge. May be it is a matter of ethics, a feeling about right and wrong.
Not All Themes Are Full GPL
Anyway, whoever has the intention to redistribute premium themes should be aware of the fact that a theme comprehends several components: PHP, CSS, and artwork. And not all these elements are necessarily licensed under the GPL.
Furthermore, when I am considering a theme, I evaluate the theme in a slightly broader perspective. For me, updates and support are an important part of the theme. Should we include those too?
The PHP of a theme interacts with the code of the GPL licensed WordPress and therefore inherits the same GNU Public License.
Premium theme vendors have the right to choose their own policy when it comes to the CSS and the artwork involved. They can opt for a full GPL license or a split license. In the latter case, the PHP is licensed under GPL, and the CSS and/or the artwork are accompanied by a proprietary license.
WordPress And Theme Updates
When it comes to of updates and support, it is quite a different story. Mike mentions ElegantThemes. Well, this morning I was notified that ElegantThemes has released updates for several of their themes because of incompatibility issues with WordPress 3.4.
WordPress 3.4 was released June 13, 2012. When a day later, the theme vendor releases updates to straighten out incompatibility issues with this new version (like ElegantThemes) – or informs you by e-mail that they have checked their themes with the new WordPress version and write “Go for it, you should safely be able to update to WordPress 3.4!” (like StudioPress) – you can only be happy having such a pro-active partner for your web endeavors.
And I do not think that I am alone in this – especially not among the non-geeks. It is probably something that matters to the majority of us when running a website for your profession or your business. I like to be assured that I will get updates for WordPress as well as the theme installed whenever necessary.
Regular and necessary updates are only one of the reasons why I prefer premium themes above gratis themes – free is not about price in GPL terms. In my opinion, premium themes have better designs, incorporate more functionality, and – most important of all – offer professional support.
Responsive Support Forums
The matter of support is again a sort of insurance. Is not it a relief to know that when you have a support question, that you can browse a support forum, add a comment or start a new thread? And that you will get a reply within a reasonable timeframe so that you can continue with your project?
And in the case of ElegantThemes, are those updates and support alone not worth the $39 per annum? According to Richard Stallman – the founder of the Free Software Foundation – it is not a problem at all when companies charge money for distribution, support or training.
Aside from the legal issues, there is also an ethical aspect. May be it is just me and my false sense of what is right and what is wrong.
However, I think that most premium vendors ask a reasonable fee for their themes – including updates and support. As far as I am concerned, I hope that they will be able to continue doing so.
So far my two cents. I am looking forward to your opinion.
Mike says
June 16, 2012 at 20:03There is a huge amount of confusion surrounding WordPress, Premium Themes, and the GPL.
As you point out, not all theme providers release their entire themes under the GPL. But some do. This issue is only valid with respect to the theme providers that choose to release entire themes under the GPL.
If a theme that is released under the GPL, a recipient of the theme is NOT acting unethically – not in any way, shape or form – if he chooses to redistribute the theme.
The whole point of the GPL is to ensure that the people RECEIVING the software have a certain set of rights. Nobody is forcing the theme developers to release the themes under the GPL (the derivative-work question as it relates to PHP notwithstanding). The developers are CHOOSING to give these rights to the people who download the themes.
In fact, as a developer, if you do not feel that a person who redistributes your work for free is doing you a favor, you probably ought not to be releasing your work under the GPL. Do you think the linux community or the MySQL developers are going to be upset if somebody creates a site to redistribute their GPL’ed software. Nope… They would, undoubtedly, appreciate it.
Somebody really should start redistributing these themes for free so providers like Elegant Themes and Woo Themes will be forced to evaluate the question of whether or not they TRULY are willing to embrace the GPL…
I like the GPL and GPL software as much as the next person. However, I also understand the need for people to make money from software development. So, I don’t begrudge people who release software under other licensing terms. What I do have a problem with are people who release their software under the GPL and then expect me not to exercise the rights that they are giving me. I’m not sure that’s the case here, but I have a suspicion that it is.
Anyway, it will be interesting to see how this plays out in the future…
Wil says
June 19, 2012 at 10:05Thanks – again – for your contribution to the discussion, Mike And I am with you 100%. Let’s see how the GPL topic will evolve in the world of WordPress themes.
Raju Jagyasi says
October 2, 2012 at 14:14If that is the case, why would anyone need to buy themes from elegant themes if he can acquire any theme from any registered member of website for free?
Is it official and legally okay if i take the theme from other sources than elegant themes and install on my website? Because anyone can redistribute me the theme bought from this website.
Does it not arise any legal issues if i use the elegantthemes without directly buying from them? please let me know.
Wil says
October 2, 2012 at 16:51Hi Raju, welcome.
Well, there is a lot of confusion about the term free as used in the GPL. The GPL refers to freedom as in free speech, not as in free beer – or coffee, or tea. Richard Stallman’s GNU is the creator for the GPL, and he explains the subject on selling free software on his website.
Personally, I think that most theme/framework authors ask a very reasonable price, especially when you take into account that you not only get the software, but lifetime updates and support too.
Andrew B says
November 22, 2012 at 01:57I’m coming late to the conversation, but I think ethics is the reason behind people not sharing GPL themes for free. The GPL certainly doesn’t mean a theme must be released for no charge at all.
I do wonder if the reason people choose not to redistribute premium themes (with a price tag) released under the GPL comes down to the fact that because they are offered an affiliate program, they would rather people buy the themes through their affiliate links and earn a small amount of cash, rather than going down the path of releasing the themes for free without a monetary reward.
Wil says
November 25, 2012 at 20:17Hi Andrew, welcome. I am not sure whether I can reply objectively regarding your second point, since wilwebs.com is using affiliate links on this blog. However, I definitely agree with your first point.