Are Premium Themes & Plugins Legal?
So there’s this debate that’s been going on for a while. WordPress is an open source software licensed under GPL. Even though I support and have released items under GPL, I shamefacedly admit this GPL thing is awfully confusing and don’t always ‘get it’. To make matters worse, there’s GPL v2 and GPL v3
What I do know is this:
- If the plugin (or theme) uses the parent software’s functions extensively, then the theme should fall under the GPL license too. But WordPress themes are too tightly integrated and cannot stand on its own without WordPress itself so it is very, difficult, almost impossible to avoid this.
- You can sell a GPL’ed software/theme/plugin. That is not against the GPL rules however. If you sell it, you must release to the buyer, the same rights as you have. Freely modifiable and allowed to resell to others. Just as you can sell and distribute WordPress itself, you must however pass those rights along to your buyer.
Which means, the selling of premium themes and plugins definitely is legal. But the problem is, most premium themes have restrictions. That’s why you have the one site, or developers’ license. But, if I read GPL right, buying and selling the theme is OK. Restricting my usage however, is not.
To muddy the waters even more, premium themes are not marketed as GPL so rightfully, you should be able to restrict usage. But get this. Because a theme is so tightly integrated with WordPress and WordPress is GPL, all themes are supposed to inherit the GPL license from WordPress. In short – you’re not really supposed to release a non-GPL licensed WP theme.
I’m not even sure where I’m going by posting this. But it does make you ponder doesn’t it? But don’t get me wrong. I am not against premium themes. In fact, I really, really like them. As someone who also develops themes for free so far, it has crossed my mind to sell my themes as well.
This is somewhat unsettling as I am not sure I want to promote themes as an affiliate if it isn’t quite kosher. Know what I mean? What’s your take on this?
P/S: I decided to make this post an entry in Problogger’s group writing project – Killer Titles. Been working on improving my blog titles lately. A good experiment to see where this goes. Thanks Darren for the opportunity.
Do You Want A Hands-Free Business?
Then get this guide to help you systemize your business so you'll have more time working on your business.
Hey! I want to make sure you know what you're getting here. In addition to the guide, you will also receive our memo that includes special offers, announcements and of course actionable information.
As a Linux user I know that any changes to the Linux kernel must be shared with the world. However, if one creates a module for the Linux kernel they can keep the code for them selves.
Is a WordPress theme the same as a Linux kernel module? The theme isn’t changing any of the core WordPress code.
NOT: I’m not a programmer or an expert on the GPL.
I have oftened wondered about the restrictions part of it myself. I don’t mind paying for a use license and rights to use a theme or plugin, especially if it saves me loads of time and resources! But, like you said the restrictions that many place on them are definitely iffy.
I think Damien hit on something important.
Also, many paid or restricted themes have licensing in place that the auther really wants to try and protect the *graphics*. The code of the theme can be GPL’ed and the images be another license, because they are not code and the theme still works without them.
HI, I found you via ProBlogger. You raise a very interesting point. Like Loretta, I don’t have an issue paying for useful plug-ins or innovative WordPress themes, but when I have purchased them, I don’t want to be dictated to on how to use them.
@Damien: Nope a theme does not change the core but from what I’ve been reading about GPL a module or plugin or add on (theme) does not have to change the core code. I wish I could find that thread again but I read somewhere where Matt actually said, if the theme uses WordPress functions extensively, it should inherit the GPL license. It is almost impossible for a theme not to use WP functions 🙁
@Loretta, @David: I agree. I do not oppose paying. I’ve purchased premium themes and love to use them. Furthermore, charging money is not a violation of GPL. Restricting usage is.
@Andrea: I’ve read that argument on the various forums and blogs as well. Here’s where my confusion comes in. Many premium themes don’t say that the graphics are the licensed separately from the theme itself.
The fact that they have developers license and single use license applies to the theme. That I think is not compatible with GPL. Furthermore, Quality premium themes where the design is highly configurable don’t use graphics that much. It is also expected people will replace them with other graphics of their own – unless it is icons.
For me this is a good discussion as it makes me realize as a business owners, making money if why we are in business. Getting paid for my work is of course nothing to be ashamed of. Similarly, paying others for quality work is a good thing. But between the business and money, we should also try to ensure our products are legal.
It’s a whole new world of thought. I never even thought of these things. If it’s free I use it. If it costs I buy it. Thanks for the insights.
Cheers.
Saw you in Problogger killer titles. you can check out mine if you wish.
Hi Rob, thanks for dropping by from ProBlogger. I’ll make it a point to check yours out. Sorry I had to nix your link and post intro because the title may send the wrong signals to search engines.