I contacted the publisher of the Fever theme to tell them that they violate the GPL license by using code published under GPL, removing the original copyright statements and adding their own copyright statements.
I told the publisher that it is fine to claim copyright under GPL for parts the publisher has changed in the original code, but that it is not allowed under GPL to remove copyright statements of the copyright holder.
The publisher changed the theme and says now the parts of the theme don't look like the original code anymore, so the publisher can remove the original copyright and add their own. (still most of the code is the same as in the original, only stripped)
The publisher told me he will not change the theme anymore, only when drupal.org will request him to do so.
Hereby I want to request the drupal.org maintainers to point out to the publisher that the GPL license is violated so they will change it in the theme published on drupal.org.
Comments
Comment #1
gerhard killesreiter commentedSo, what would be the original statement?
The statement in template.php is
/*
+----------------------------------------------------------------+
| Fever for Dupal 6.x - Version 1.0 |
| Copyright (C) 2010 Antsin.com All Rights Reserved. |
| @license - GNU GENERAL PUBLIC LICENSE |
|----------------------------------------------------------------|
| Theme Name: Fever |
| Description: Fever by Antsin |
| Author: Antsin.com |
| Date: 5th August 2010 |
| Website: http://www.antsin.com/ |
|----------------------------------------------------------------+
*/
Comment #2
ppblaauw commentedThis is about the views_slideshow_ddblock part of the fever theme, but most files of their theme have their copyright statement.
My views_slideshow_ddblock themes have the following copyright statement.
In the example below its for the vsd-upright40 slideshow theme.
/*!
* Dynamic display block module template: vsd-upright40 - Cascading Style Sheet
* (c) Copyright Phelsa Information Technology, 2009 - 2010. All rights reserved.
* Version 1.2 (21-JUN-2010)
* Licenced under GPL license
* http://www.gnu.org/licenses/gpl.html
*/
Comment #3
antsin commentedI'm the Fever theme publisher. After ddblock author contact us, we changed the part of Fever theme that specifically design for ddblock. After new release ddblock author still think two files violate GPL which is views-slideshow-ddblock-cycle-block-content-fever.tpl.php & views-slideshow-ddblock-cycle-pager-content-fever.tpl.php.
We put our copy right information there is because we designed our own, not because it doesn't look like. it certainly not simple strip the code. It is different from structure to style. However in order to make ddblock works and without touching core code, some variables even the css class name need to be the same. If that call as "same as in the original", I sure don't understand. Simply because ddblock author didn't even give any users a chance to create something of their own.
I don't think this is the case of GPL Violation but that is not for me to judge. Thank you for your time.
Comment #4
ppblaauw commentedI will react first on the post of Antsin
When you create something of your own, I will not complain at all. If you use my code please preserve the copyright statement, which is a requirement when you use/adjust GPL code. (I don't understand why this is a big problem for you. In my opinion you are trying to bend the rules in your own advantage.)
The same code is also used in the blogbuzz theme published on drupal.org
--
To make it more easy for the drupal.org maintainers to understand what my complaint is:
Hereby the files to show that my original code is used and that the GPL copyright statement should be preserved.
I will go file by file
First, the original
Second, the version of the fever theme I called attention for
Third, the current version of the fever theme
file: views-slideshow-ddblock-cycle-block-content-vsd-upright60.tpl.php
Original
Second version:
Third version:
File: views-slideshow-ddblock-cycle-pager-content-vsd-upright60.tpl.php
Original:
second version:
third version: (scrollable pager is not used anymore, but a pager with text and images)
file: views-slideshow-ddblock-cycle-vsd-upright60.css
Original:
second version:
third version (scrollable pager is not used anymore)
Comment #5
ppblaauw commentedTo make it complete also added the part in the template.php file for the slideshow:
Original: (see now I have to make it GPL compliant and add a good copyright line)
second version: (statement removed)
Third version: (statement removed)
Comment #6
antsin commentedDon't want to start a war of words here. But I said
is absolute truth. By using hard coded variable & css class of ddblock and you call it copying then how can someone to
The way you tell user to create custom theme of them self, basically you are saying not matter how much you worked & custom the theme it is still going to be my work and not yours and this is my big problem. I don't understand why this is a big problem for you either. In my opinion you are trying to put your name on everyone who ever worked on ddblock. What is spirit of GPL in that?
Comment #7
ppblaauw commentedIt is totally "in the spirit of" GPL, that users can adjust GPL code, but they have to preserve the copyright notices.
You can add you own copyright statement.
You can preserve copy right notices e.g. as follows:
/*
* Copyright (C) 2010 Antsin.com All Rights Reserved.
* @license - GNU GENERAL PUBLIC LICENSE
*
* This file incorporates work covered by the following copyright and
* permission notice:
*
* Dynamic display block module template: vsd-upright60 - content template
* Copyright (c) 2008 - 2009 P. Blaauw All rights reserved.
* Version 1.1 (01-SEP-2009)
* Licenced under GPL license
* http://www.gnu.org/licenses/gpl.html
*/
Clearly advise from drupal.org maintainers is required in this case how to handle this.
Changed issue title.
Comment #8
antsin commentedWell now it start to make a little bit sense to me and all future ddblock users. I don't agree with new or old title. It is misleading. I suggest change it to "GPL Suggestion" Or "Advice for GPL statement". I will update those theme files again with copy right info you suggested if we agree on the title. Then no maintainers needed to save all our times.
Comment #9
ppblaauw commentedChanged title to Advice for GPL statement since antsin has agreed to add the original copyright statements in his themes.
Comment #10
antsin commentedThe change will be made within two weeks. Thanks all
Comment #11
coderintherye commentedJust wanted to add here that I respect how you two handled this respectfully and came to an agreeable resolution.
Drupal.org really needs more documentation on Licensing.
Comment #12
ppblaauw commentedDue to the update on this topic I had a look at the fever theme.
To Antsin:
I see that two file have the exact copyright example added like I gave.
Maybe the example brought you on a wrong idea that this is enough just to copy it.
1.) You need to add the original copyright to all 4 files mentioned above:
2.) You need to change the copyright statement to make it GPL compliant.
Here again the points I send you earlier by email (24-NOV-2010):
This is the copyright statements I find in one of your commercial themes:
Hopefully you will pay some attention to reading the GPL license.
To the drupal.org webmasters
Please drupal.org webmasters, can you give advise about the GPL license and my complains.
If this issue is not clear the GPL license would be void.
Comment #13
ppblaauw commentedProbably this falls under point 16 of the faq:
If you have a question about your specific case, please consult with a copyright attorney in your area. We cannot and will not offer legal advice.
-
I know for the majority of the developers and users of drupal modules it is clear that you can not remove copyright statements from the original copyright holder of code licensed under GPL and add your own when you make adjustments and redistribute the code.
Maybe this could be added to the FAQ at http://drupal.org/licensing/faq.
Comment #14
tvn commentedClosing old issues. Please re-open if needed.
Comment #15
avpaderno