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Their FAQ and their license conflict. Simple. You could ignore their FAQ, as it's likely not legally binding, but they still may be able to make an argument in
by Arelius 15y ago
Their FAQ and their license conflict. Simple. You could ignore their FAQ, as it's likely not legally binding, but they still may be able to make an argument in court, depending upon how visible their FAQ is..
Edit: on second read you say "They mention they are licensing under the GPL." em just mentioning that in their FAQ is likely not legally binding either. Your best bet is to check out the source, and see if the source references any license. Alternatively, you can find out if it's a derivative of an existing GPL licensed theme (afaik, most themes are derivatives) in which case it'd inherit the GPL from there, and it doesn't matter what their FAQ says.
Edit2: Turns out I was mistaken about the details of inheriting the GPL, read the sub post.
- alain94040 15y agoTo nitpick, your last conclusion is incorrect: even if the code is a derivative of an existing GPL code, it doesn't inherit the GPL. They may just be in violation of someone else's copyright, but it doesn't give the rest of the world the right to copy their code. It's theirs to license whichever way they see fit. Now, in practice, the easiest way out of infringing on GPL code is to make your own code GPL as well, but it's the author's choice, not the community's.
- Arelius 15y agoThanks, yes, this makes sense, and does complicate things. In note due to the fact that afaik, the only one who can litigate based on a GPL violation is the original copyright holder
- icebraining 15y agoafaik, the only one who can litigate based on a GPL violation is the original copyright holder Yes, because the only one who can litigate on a copyright violation is the original copyright holder. GPL is just a license like any other in that regard.
- deleted 15y ago[deleted]
- rbanffy 15y agoJust don't forget their brand, names, CSSs and images are not licensed under the GPL. The PHP part of themes, due to the way it connects to the rest of Wordpress, has to be GPL, but the rest doesn't.