Moodle Themes & GPL

Moodle Themes & GPL

by Dan Humpherson -
Number of replies: 8
"Please note that all entries to the themes database are considered to be released under the GNU General Public License."

All Moodle Themes submitted to the Moodle theme database are released as GPL

I also understand that any derivative of a GPL product is, by definition, also GPL

Hence the change to the theme database (E.g. A theme cant be released as 'freeware')

So....

Who owns a Moodle Theme?

Can a Moodle Theme be 'stolen', E.g. If a Moodle Theme is copied is there any justice?


Somebody with a bit more legal knowledge or better understanding of GPL might be able to clarify it to me.


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In reply to Dan Humpherson

Re: Moodle Themes & GPL

by Jon Witts -
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My understanding of the GPL is such:

The author still owns the code (theme) - however all derivative works must also share the same GPL. If code is taken from another GPL source it should be credited as such.

The removal of the GPL license from the code or releasing it under a different license breaks the GPL is an unlawful act.

I thought that one of the main reasons for the GPL was to give coders who wanted to release their work as Open Source some legal clout...

If I have misstated any points or am widely off the mark - please correct me. smile
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In reply to Jon Witts

Re: Moodle Themes & GPL

by Patrick Malley -
Technically, any code that touches GPL software becomes, by definition of GPL, part of the software as derivative work. The GPL is written to be like a "virus" - infecting everything that it touches.

So, to answer the question, you can own the theme and the design, but if it includes core Moodle code, it becomes GPL.

Of course, that last sentence is very debatable when it comes to design work and this question has been a hot issue in the Wordpress, Drupal, and Joomla communities. For good arguments on both sides, Google search "Wordpress GPL themes" and spend some time reading the blog entries and comment discussions on this very issue in that community.

It's certainly a good discussion to have, but I'm pretty sure ownership is not at issue. GPL does not forfeit ownership.

The GNU FAQ is always helpful also.

http://www.gnu.org/licenses/gpl-faq.html
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In reply to Dan Humpherson

Re: Moodle Themes & GPL

by Patrick Malley -
Justice? You could always sue the thief. But, whether or not you would win would come down to the judge's interpretation of the GPL since there is no direct language protecting designs from the GPL. You would be fighting an uphill battle, for sure.

Notice my use of the word design and not theme. By strict definition of the GPL, themes become GPL when they include Moodle core code. But, can we own the CSS and artwork that make up the designs?

For example, imagine that I make a custom Moodle theme for General Motors so that they can retrain their workers to make solar-powered automobiles. They want the theme to match their existing website. Since this is something I frequently do, I make them a theme that seamlessly matches their site. Two months later, Left Foot sees the Moodle theme, harvests the HTML, CSS, and images, and uploads an identical theme (sans branding) to the Moodle Themes database as GPL. He calls it GMtraining. He gives everyone involved credit and is totally upfront about everything that he did. After all, if it was in a theme folder, it was GPL.

Can General Motors take action against Left Foot for stealing their design IF it has included in a Moodle theme?

The answer is "Of course." Anyone can sue anybody (in the U.S. at least). But, would General Motors win?
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In reply to Patrick Malley

Re: Moodle Themes & GPL

by Joseph Rézeau -
Picture of Core developers Picture of Particularly helpful Moodlers Picture of Plugin developers Picture of Testers Picture of Translators

Patrick > "Anyone can sue anybody (in the U.S. at least)."

Slightly out of topic, but - to a European mind - it seems that in the US everybody spends their time sueing everybody else. Unfortunately this trend has crossed the Atlantic (like many desireable and undesireable things).

Joseph

PS.- Hope I won't get sued for airing my views.wink

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In reply to Patrick Malley

Re: Moodle Themes & GPL

by Jon Witts -
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I suppose where it starts to get really grey and muddled, is the distinction between theft and inspiration....

Glad I'm not a lawyer!
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In reply to Patrick Malley

Re: Moodle Themes & GPL

by Tim Hunt -
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One of the key points is that the GPL only places restrictions on you when you redistribute software.

So, if GM pays you to make a theme, then they own it (depending on the contract you have with them*). As long as they just use it internally, there is not restriction on what they do.

However, if someone at GM gives the theme to someone else, then they have to do so under the GPL. That means they have to give full source (pretty much a given when it is PHP, HTML, CSS, etc.) and the person who gets it has the right to redistribute it further if they choose.

If GM does not choose to share the theme with anyone else, then the rest of the world has no right to demand access.


* An alternative might be that you keep ownership of the code, but redistribute it to GM, in which case that redistribution is under the terms of the GPL. That is good for GM, becuase if they get pissed off with you, they have all the source and can pay someone else to work on it for them.
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In reply to Tim Hunt

Re: Moodle Themes & GPL

by Patrick Malley -
Thank you for this bit about redistribution. It's good to know. I will definitely have to look into that more thoroughly as I haven't come across that before.
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In reply to Patrick Malley

Re: Moodle Themes & GPL

by E. L. Cooper -
Of course if you are like me and use a bit from here and a bit from there the credits can sound like an Oscar speech.
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