Licensing for free themes

[Norv]

Please eventually see, this topic start on simplemachines.org:
http://www.simplemachines.org/community/index.php?topic=461355.msg3222313#msg3222313

The problem I would like to bring to your attention is basically this:
Downloading XMas for 2.0, I find index.template.php is licensed under BSD 3-clause, as specified by the same header SMF (2.0+) original files have.

Code: [Select]

/**
 * Simple Machines Forum (SMF)
 *
 * @package SMF
 * @author Simple Machines
 * @copyright 2011 Simple Machines
 * @license http://www.simplemachines.org/about/smf/license.php BSD
 *
 * @version 2.0
 */
There is no other license in the package, that I can see.

In my understanding, that means that: (allow me to take it point by point, in the hope that it will be easier to discuss each as suited)
1) the PHP files code, specified under BSD, is under BSD. The entire code in the file, is declared under BSD. That means the license allows free use, modification, and distribution, in modified form or not, as long as the conditions of BSD are respected. (namely, the header is preserved).
2) the copyright of that code is declared to belong to Simple Machines, which is not entirely true, copyright for the customization work obviously belongs to the author. It is the choice of the designers/developers, of course, to specify their copyright in the source file too, or not specify it, I'm just bringing the point to your attention.
3) the rest of the design (images, css files, etc) doesn't seem to have a license specified, that I can see. Which means anyone who receives it, will have in practice no rights, unless the copyright holder gives it explicitly to them.


The main point I'd have to submit to your attention, is that this understanding is at odds on at least one aspect, with what I understand from ARG in the linked topic. In other words, according to the license, I can take the PHP file (index.template.php), modify it, and release it freely, without requiring written agreement from Dziner, since Dziner has released it giving everyone the rights by the BSD 3-clause license.

Thank you for correcting my understanding, if that is wrong.

[ARG]

Thanks for bringing this to our attention. Although our Terms are clearly specified here on our site, there is no guarantee that anyone will actually read and abide by them.
I think it would be best for the theme authors to add to index.template to include some sort of specific and separate terms of use that for each theme that we offer for download to avoid any future misunderstandings

 

[Norv]

Exactly... In fact, I'm not sure if you're aware of this (apologies for the redundancy in that case), SMF intends to add a requirement for customizations to specify their licensing terms in the package. (for the SMF 3PD customizations site future submissions).
It was announced here: http://www.simplemachines.org/community/index.php?topic=461016.0
(it will apply to future submissions, there's no intention to do anything retroactively afaik, at this time.)

IMHO best option (clear for everybody) would be for themes to include both: to include a license.txt specifying their own terms for their work, in addition to adding their own copyright/license/terms to the template files. It would protect and make easily enforceable legally the terms they wish to release their work under. That's what SMF is doing, actually.

On the other hand... the licensing matters are not fun. There might be another point here (please take it with a grain of salt, under the observation that it might not apply in all cases). The SMF official themes offered in the main package, have a license.txt file of their own, for each theme. This file is the BSD 3-clause license, which states:

1. Redistributions of source code must retain the above copyright notice,
     this list of conditions and the following disclaimers.

Which applies to all the files there, including those who may not have headers, like some little php files or image files or css. I think that a distribution of those files then, such as a custom theme, should include the notice required by BSD, if there is any such file falling under it. Of course, since normally a theme has their own images for example (not built on SMF images), then it wouldn't apply for fully custom images. It would however if any other file is included (modified or not) from SMF...
The reason why I have added the license to each theme was exactly this: any file from the default themes, falls under BSD, therefore their distribution, modified or not, is required to comply with BSD terms (covering any modified or not images for example, if such case exists).

Please, feel free to let me know if my understanding is incorrect.

[ARG]

I understand quite clearly and will myself consider some sort of terms/licensing for any future themes that I design.
Bikken and maYday are the owners of Dziner Studio and designers of any themes available in our Download section. However I do believe that they will be quite interested in this topic and will more than likely consider making any necessary changes and/or additions to future releases.

Thanx for the info Norv, much appreciated. 

[Norv]

Thank you, ARG One.

Although our Terms are clearly specified here on our site, there is no guarantee that anyone will actually read and abide by them.

Yes. And actually I think their legal enforcement is very problematic in the best case, if possible at all, once Dziner releases (part of a package) under a free and open license, such as BSD.
As far as SMF is concerned, any designer is welcome to choose whatever terms they wish for their themes, however they just need IMHO to consider that if they don't wish to release under a free license, they simply shouldn't, but specify their own licensing terms instead.

I think I should have realized better the possibility of confusions in the SMF design community... Maybe it would be best if SMF would explain better the implications of the free and open license it has switched to.

[Arantor]

As far as SMF is concerned, any designer is welcome to choose whatever terms they wish for their themes,

Strictly speaking, as far as SMF is concerned, they have no choice but to allow designers to choose whatever terms they wish, provided that the terms of the BSD are met, which means that for any file based on a BSD-licensed SMF file, it just needs to include a mention of the copyright in the comments of the file with a 'this is what it's based on' type comment, and then the designer is free to apply whatever licence on top that they choose.

With DS' work, though, the real copyright that needs protecting is in the images rather than the PHP code, which can even be licensed separately if necessary (as premium WP themes are legally obliged to do to protect themselves)

[Bikken]

In other words, according to the license, I can take the PHP file (index.template.php), modify it, and release it freely, without requiring written agreement from Dziner, since Dziner has released it giving everyone the rights by the BSD 3-clause license.

True and i have no problem with that. Personally im not really concerned about any of the php files included in our themes (even if they include custom php/html). People can take those files and do whatever they want with it. They won't have much of a theme with only those files. However, i DO care about the graphics/css that goes along with those files. These doesn't fall under that BSD license, which means you are not allowed to re-use/redistribute those just like that. Our terms of use clearly states so. But here you made a good point. It might be better to include some sort of license.txt file in the theme zips, which we will surely look into. 

Anyway thanks for the heads-up Norv.