This theme: http://drupal.org/project/fervens is quite clearly in violation of the licensing - the theme is licensed under Creative Commons Attribution-Share Alike 3.0 License from Smashing Magazine - http://bit.ly/clN9nG

An issue was opened a year ago: http://drupal.org/node/414144

Comments

avpaderno’s picture

I sent a message to the current maintainer.

Hello ktleow. I am writing you because the theme Fervens is derived from a theme licensed under Common License (see http://www.smashingmagazine.com/2008/08/05/fervens-a-free-wordpress-theme/).

It is not allowed to host on Drupal.org a project that is licensed under a license that is different from the one used by Drupal.
Please reply on http://drupal.org/node/814022.

Best regards.
— kiamlaluno
Drupal.org site maintainer
Drupal.org contributions CVS maintainer

ktleow’s picture

Hi,

I'm very sorry regarding this as I wasn't clear about the licensing issue earlier.
I have sent an email to Smashing Magazine to seek more info about this and still awaiting reply.

However, if you feel this issue may go out of hand, you may remove Fervens and also Color Paper immediately as they're both licensed with CC.

Perhaps I may contribute my own themes when I have more time.

Jeff Burnz’s picture

ktleow, if things don't pan out with the licenses you can add your themes to http://design.acquia.com, you can host the theme there no problem, I have hosted a number of my CC themes with them and they get plenty of downloads.

ktleow’s picture

Hi Jeff,

Thanks, but what about this?

But to grow the commons of free knowledge and free culture, all users contributing to this website are required to grant broad permissions to the general public to re-distribute and re-use their contributions freely, as long as the use is attributed and the same freedom to re-use and re-distribute applies to any derivative works. Therefore:

  • You agree to license any copyrighted text you submit here under the Creative Commons Attribution/Share-Alike License 3.0 (Unported).
  • You agree to license any executable computer code that you create or upload to this site in either source or binary form under the terms of the GNU General Public License, version 2 or later.

Taken from http://design.acquia.com/content/terms-of-use

Isn't it the same? Please correct me if I'm wrong.

Jeff Burnz’s picture

Good spotting, I will ask them about it. I'm not entirely sure if it is exactly the same thing but its worth clarifying, certainly.

ktleow’s picture

Assigned: avpaderno » Unassigned
Status: Fixed » Active

Update:

hi there adam,

all themes released to Drupal.org is licensed with GPL.

sorry, SM is not drupal.org - we don't know what they are demanding and
don't care for it. SM does not submit anything to other sites.

Not really sure if that helps, but I guess thats a No for Fervens @ Drupal.org

Drupal.org site maintainers, feel free to remove Fervens and Color Paper from Drupal.org since the license doesn't allow.

avpaderno’s picture

Assigned: Unassigned » avpaderno
Status: Active » Fixed

The code of the two themes has been removed from the repository.

Assigned: Unassigned » avpaderno
Status: Active » Closed (fixed)

Automatically closed -- issue fixed for 2 weeks with no activity.

ktleow’s picture

Incase anyone is still looking for Fervens, I've created the Drupal 7 version and can be downloaded from my website
http://kahthong.com/node/17

avpaderno’s picture

Project: Drupal.org site moderators » Drupal Licensing Working Group
Component: Licensing » Violation
Issue summary: View changes