This post originally appeared on Techdirt.
Free (libre) and open source software is one of the best examples of an alternative to restrictive copyright, but even within these communities there can be heated debates about licensing. The WordPress community just witnessed such a debate between the founder of WordPress, Matt Mullenweg, and the developer of a popular premium WordPress theme, Chris Pearson, over whether or not themes are subject to the GPL (WordPress’ license). The GPL applies to derivative works of a program—requiring that they, too, must be licensed freely—but Pearson maintained quite publicly that he wasn’t subject to it and could use a proprietary license for his theme. This caused tension between him and Mullenweg, until last week, when Pearson gave in and switched to a split GPL license.
This kind of disagreement also highlights the fact that free software licenses (like the GPL) and the free culture licenses they’ve inspired (like some of those offered by Creative Commons) are ultimately hacks on a restrictive copyright system; they’re merely tactics to reverse the negative effects of overly restrictive copyright, but not at all the ideal scenario. For example, we’ve seen concerns over how Creative Commons licenses act as a contractual layer on top of copyright, and non-commercial restrictions can also be a source of tension. Sometimes these disputes help a community to better develop its position on copyright and licensing, but other times, they’re a sign that these licenses are still just a hack on a less than ideal system.
It’ll be interesting to see how Thesis fares in the long-run with a split licensing approach compared to other premium themes that are 100% GPL. Regardless, it’s nice to have a more or less happy ending where the community was able to resolve things without getting the courts involved.
Read the comments on Techdirt.