I have been following an interesting discussion online for the past several days between the founder of WordPress, Matt Mullenweg, and the creator of a premium theme for WordPress, Chris Pearson. The whole gist of the argument is this: Pearson created a theme, called Thesis, and began selling it. In the development, he apparently copied several lines of code from the blogging/content management platform WordPress (which I use on this site).
In doing so, Pearson allegedly violated the terms of the GNU General Public License of WordPress. Now, I’m not a lawyer. I’m relatively new to the whole GPL thing, and quite honestly don’t understand it all yet. But what I do understand is this:
The GPL License gives a developer the right to take a piece of software under the GPL, like WordPress, and tinker with it to suit their needs. It also gives that individual the right to distribute that tinkered software as he/she sees fit, as long as that software remains under the GPL. It also gives that individual the ability to charge for distributing that software.
However, the GPL does not allow an individual to take or copy from software under the GPL and then place it under a proprietary license. This is apparently what Chris Pearson has done with his premium theme Thesis.
Here’s some links for you to peruse regarding this topic:
- The debate between Matt Mullenweg and Chris Pearson on Mixergy is here.
- Mark Jaquith, one of the core developers of WordPress, gives an intelligent and very succinct description of why themes are considered derivative works of WordPress and why they fall under the GPL.
- Andy Skelton, another WordPress contributor, talks about the possibility of a new theme named after the whole brouhaha.
- And then you have the other side, which claims that Matt Mullenweg is Marxist. (Oy vey!!)
On a personal note, I have had the pleasure of meeting Mark, Andy, and Matt in Dallas back in 2008 at WordCamp. These guys are all brilliant, hard-working individuals who have developed a wonderful tool for all of us aspiring bloggers. I see what they have done at Automattic and WordPress as completely within the realm of capitalism; after all, premium theme developers like WooThemes are making money hand over fist and are GPLed.
My advice to Chris? Quit holding out for the sake of holding out and abide by the General Public License, or take the WordPress code out of Thesis. Otherwise you’re just stealing, and that is completely unethical and not good business.
Great simple writeup here. I get confused why people think it’s a great debate.
I’d love to meet those dudes like you have had the pleasure of doing in 2008.
It’s amazing that he could think anyone would respect the thesis license if Pearson doesn’t even respect the GPL license.
I actually learned more about where Pearson comes from and why he built the Thesis theme. I realized he comes form a place that only cares about himself, ego, self-proclaimed legacy, and money. I realized why I moved away from Thesis and Pearson Long ago.
Scott Webb´s last [type] ..32 WordPress– Thesis– and GPL Links to Help You Formulate An Opinion
One more time, for the cheap seats:
Chris didn’t add the GPL’d code to Thesis. It was added by a developer working for him named Rick Beckman, who has since admitted to it, explaining that he didn’t understand the licensing issues at play.
Also, Chris has since removed the offending code. Case closed.
Nate,
Have you seen Rick’s latest tweets on the topic? According to Rick, Chris knew it was from WP, still approved the code and added it to the dev copy. And while it may be true that Chris has vowed to remove the GPL code from the next version, he still has a problem on his hands in the fact that versions prior to 1.8 will have to meet with the GPL, unless he decides to provide all users to upgrade to a non-GPL version of Thesis.