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There's an explanation transcribed in the post from a podcast: So the idea behind the split license is to protect authors in terms of their designs and things

by mwill 14y ago

There's an explanation transcribed in the post from a podcast: So the idea behind the split license is to protect authors in terms of their designs and things like that. The parts that have to be GPL are GPL, the parts that don’t have to be, we’re happy to provide that license to help you protect them. The other thing is that on the [Envato] marketplaces there are smaller component style items, so you could buy the extended license on the marketplace, and use that in your WordPress theme. And if you then make your WordPress theme 100% GPL, you just disregarded the license of the item you put into the theme. So it seems like they specifically discourage bypassing the split license.

ars 14y ago
> So it seems like they specifically discourage bypassing the split license. Who asked them? The author of the theme can do whatever he wants, ThemeForest doesn't get a say in the matter.
- noodle 14y ago
  Have you ever submitted a theme to ThemeForest? They require you to place the two licenses in your submission and will reject your submission if they're missing or altered. Author certainly can do whatever they want; Themeforest will just reject the submission until the author does what they want.
  - ars 14y ago
    No, I have never submitted anything there. But it makes little difference: You can say whatever you want on your website, and give any license you like. They have no say in the matter - they aren't getting an exclusive license after all. The author is free to provide a second license to anyone they like.
    - noodle 14y ago
      That is true, sort of. If you don't sell exclusively on Themeforest, the payout rate is approximately half what it would be otherwise. Its a very similar rock-and-hard-place situation that this article is about. You're throwing away significant revenue by selling on your own site and generally not accepting their license agreement because they are the king in the market.
      - ars 14y ago
        I didn't realize they had an exclusivity clause. If that's the case then, yah, the author is kinda stuck.
        noodle 14y ago
        Its not quite a standard clause -- you do have the choice to sell exclusively or non-exclusively. Non-exclusive cut for the author is 33% and exclusive cut is 50-70%. Its a pretty substantial difference, especially if you make a lot more sales on Themeforest than you do on your own site. You have a choice, you just don't really have a choice IF you're trying to make your living on selling themes.
- mwill 14y ago
  ThemeForest require themes sold there to use the split licence. It's a requirement to sell on the marketplace. It's part of the agreement. That seems pretty standard, you get the power of the marketplace, they get to dictate the content they sell, including usage. As mentioned in the transcript, ThemeForest customers can by different usage rights, a system which may be undermined by authors including whatever licensing they want. Maybe you disagree with it/don't like the split licence/feel you should have a choice/whatever, you've got the choice to not distribute via ThemeForest. But it seems incredibly disingenuous and sort of shady to enter into an agreement which explicitly limits the licence, and then try go behind your partners back and tell the customer to disregard that licence for your own. If you're also selling on your own site directly, and setting your own licence, sure those sales can be licenced however the author wants. But it still leaves the fact that files sold on ThemeForest should be provided as dictated by ThemeForest, licence and all.

by mwill 14y ago

ars 14y ago

> So it seems like they specifically discourage bypassing the split license. Who asked them? The author of the theme can do whatever he wants, ThemeForest doesn't get a say in the matter.

noodle 14y ago
Have you ever submitted a theme to ThemeForest? They require you to place the two licenses in your submission and will reject your submission if they're missing or altered. Author certainly can do whatever they want; Themeforest will just reject the submission until the author does what they want.
- ars 14y ago
  No, I have never submitted anything there. But it makes little difference: You can say whatever you want on your website, and give any license you like. They have no say in the matter - they aren't getting an exclusive license after all. The author is free to provide a second license to anyone they like.
  - noodle 14y ago
    That is true, sort of. If you don't sell exclusively on Themeforest, the payout rate is approximately half what it would be otherwise. Its a very similar rock-and-hard-place situation that this article is about. You're throwing away significant revenue by selling on your own site and generally not accepting their license agreement because they are the king in the market.
    - ars 14y ago
      I didn't realize they had an exclusivity clause. If that's the case then, yah, the author is kinda stuck.
      - noodle 14y ago
        Its not quite a standard clause -- you do have the choice to sell exclusively or non-exclusively. Non-exclusive cut for the author is 33% and exclusive cut is 50-70%. Its a pretty substantial difference, especially if you make a lot more sales on Themeforest than you do on your own site. You have a choice, you just don't really have a choice IF you're trying to make your living on selling themes.
mwill 14y ago
ThemeForest require themes sold there to use the split licence. It's a requirement to sell on the marketplace. It's part of the agreement. That seems pretty standard, you get the power of the marketplace, they get to dictate the content they sell, including usage. As mentioned in the transcript, ThemeForest customers can by different usage rights, a system which may be undermined by authors including whatever licensing they want. Maybe you disagree with it/don't like the split licence/feel you should have a choice/whatever, you've got the choice to not distribute via ThemeForest. But it seems incredibly disingenuous and sort of shady to enter into an agreement which explicitly limits the licence, and then try go behind your partners back and tell the customer to disregard that licence for your own. If you're also selling on your own site directly, and setting your own licence, sure those sales can be licenced however the author wants. But it still leaves the fact that files sold on ThemeForest should be provided as dictated by ThemeForest, licence and all.