When GPL Becomes Almost-GPL — the CSS, Images and JavaScript Loophole 224
New submitter sobolwolf writes "It has been apparent for some time that many developers (mainly theme designers) are split-licensing PHP-based GPL distributions, releasing proprietary files alongside GPL files with the excuse that CSS, JavaScript and Images are 'immunized' from the GPL because they run in the browser and not on the server. This is almost always done to limit the distribution of the entire release, not just the proprietary items (most extensions will not function in any meaningful way without the accompanying CSS, Images and JavaScript). Some of the more popular PHP-based GPL projects, like WordPress, have gone as far as to apply sanctions to developers distributing split-licensed themes/plugins. Others, such as Joomla, have openly embraced the split-licensed model, even changing their extension directory submission rules to cater specifically to split-licensed distributions. In light of all this, I would like to ask the following question: While it seems to be legal to offer split-licensed GPL distributions, is it in the spirit of the GPL for a project such as Joomla (whose governing body has the motto 'Open Source Matters') to openly embrace such a practice when they can easily require that all CSS, Images and JavaScript be GPL (or GPL-compatible) for extensions that are listed on the Joomla Extensions Directory?"
Yes (Score:3, Insightful)
is it in the spirit of the GPL for a project such as Joomla (whose governing body has the motto 'Open Source Matters') to openly embrace such a practice when they can easily require that all CSS, Images and JavaScript be GPL (or GPL-compatible) for extensions that are listed on the Joomla Extensions Directory?"
Yes, it is perfectly within the spirit of the GPL to add exemptions to the license terms. Plenty of GPL projects, even those from the GNU project, have exemptions to the GPL terms such as linking in GPLed libraries, etc. Stop being such a freetard.
Data vs code (Score:4, Insightful)
The GPL has never been about data (e.g. the Doom WAD files), but just about the code.
The fact that so many themes and what not are violating the principles of separation of content and presentation and interaction (HTML, CSS, and JS) is a problem. But, if they weren't doing it, then it wouldn't matter if the JS and CSS were Free or not. Because the content would be usable without the crap.
Personally, I just say, don't use themes that aren't all Free. Solves the issue for me.
Re:This is what happens (Score:5, Insightful)
dual licensing is a licensing issue. Nothing about free software prevents you from making money off it, that argument has never been true. Look at redhat.
Re:Yes (Score:5, Insightful)
Realistically, I'm not sure how this is even a problem since one could create a CSS, JavaScript, and Images of their own, and have a working version. In the two cases above, Wordpress and Joomla, you can have fully working versions of these without adding in custom CSS, JavaScript or Images. These named types do not change the functionality, they are SKINS for the actual program. I'm not sure how OS advocates can claim GPL flows down to skins, being unlinked items not required for functionality of the core software.
The concept of "spirit" applies to legislation (Score:2, Insightful)
The GPL is based on contract law and copyright rather that it being either a constitution or a law.
Re:This is what happens (Score:2, Insightful)
Nothing prevents you from selling it, but selling it is not realistic. Redhat is about the worst example you could possibly use.
Re:HTML is a container (Score:2, Insightful)
The GPL does not cover program output (except under very special circumstances).
So the PHP script may be GPL, but the HTML document it spits out is YOUR data and is not automagically "GPLed". There's no direct link between the PHP script and any CSS or images. So the FSF is absolutely correct that there's no "linking" (in the derived works sense).
Likewise, AJAX scripts generally communicate through inert data passed over a defined API -- this is the classic situation where the GPL does not cross program boundaries.
Re:This is what happens (Score:2, Insightful)
The cost of their boxed units was to cover the cost of manufacture the packaging, manual, and accompanying service contract. The software itself was inconsequential to the cost.
They don't sell Redhat. They sell support for Redhat.
Re:Yes (Score:4, Insightful)
Once could similarly create C program code oneself, so I don't see the need for open source.