[theme-reviewers] Envato’s License Changes For The Worse

Fri Jan 25 05:55:50 UTC 2013

I dare to differ, there's a huge difference between WP.org directory and ThemeForest policy: the major difference is that the WP.org requirement that submitted themes originates from the fact that themes are essentially derivatives from WordPress itself while Envato's terms are based on, well… nothing! They have no base for requiring a license, other than that it's their space and they dictate the conditions.

Let me tell you what's counter-competitive and anti-trusting about ThemeForest: they're an almost monopoly for theme marketplaces. The only other player that's around is Mojo Themes and there used to be ThemeGarden a while ago and it got closed. But that's not the actual problem, the actual problem is that their position gives them a huge advantage and they profit from it at a maximum. An emerging developer that hasn't an established name in the WP community and a small list of clients has the option to sell on ThemeForest or going the risky way of selling on his own and the risk is too big and many don't take it because of the comfort. Were there other 10 marketplaces that were selling GPL friendly themes they wouldn't have afforded to make such changes to their licensing policy. There's your counter-competitive and anti-trusting. I rest my case.

Daniel

On Jan 25, 2013, at 7:38 AM, Japheth Thomson wrote:

> Hi Daniel,
> 
> Envato don't dictate a seller's licensing options any more than the WordPress.org theme directory does. They just have a different licensing option, and theme authors are free to go elsewhere if they don't like either of those environments.
> 
> You say that "By accepting Envato's new licensing conditions, they are essentially accepting that Envato owns their products.", however, by the same token making their themes 100% GPL would essentially be saying that anyone owns their products. They lose all control over their distribution.
> 
> ThemeForest does not claim to be "an open and free" marketplace, but there's certainly nothing counter-competitive or anti-trusting going on from Envato.
> 
> Cheers,
> Japh
> 
> 
> 
> 
> On 25 January 2013 16:25, Daniel Tara <contact at onedesigns.com> wrote:
> In the many years in which I have been involved with the software development and open source community I have never seen such utter disrespect towards the community and ignorance towards the legal requirements of open source licenses and such gibberish and nonsense blabbered about it. Just who exactly do Envato think they to dictate a seller's licensing options? Only the copyright owner has the right to decide which licese their product uses. By accepting Envato's new licensing conditions, they are essentially accepting that Envato owns their products. I don't care that officially the authors are still the legal owners, just take a look at the facts: Envato dictates prices, sales commissions and licensing terms. They're not an open and free marketplace, they're an obese, rigid, dictatorial, monopolist, counter-competitive and anti trusting corporation that has only one aim: profit and uses only one weapon: market dominance. A huge boycott should be played on them and if there are authors who really care out there they will react to it.
> 
> Rant over.
> Daniel
> 
> On Jan 25, 2013, at 3:19 AM, Emil Uzelac wrote:
> 
>> all righty good enough for me :)
>> 
>> 
>> On Thu, Jan 24, 2013 at 7:16 PM, Chip Bennett <chip at chipbennett.net> wrote:
>> Given that, under current policy, we wouldn't approve an upsell Theme for which the commercial version was hosted on ThemeForest: no, it doesn't really change anything.
>> 
>> 
>> On Thu, Jan 24, 2013 at 8:13 PM, Emil Uzelac <emil at themeid.com> wrote:
>> it does if the Pro version of the Theme is linked to TF right?
>> 
>> 
>> On Thu, Jan 24, 2013 at 5:51 PM, Chip Bennett <chip at chipbennett.net> wrote:
>> Since we already currently do not accept Themes from developers who sell on ThemeForest, I would only extend the current WPF-WordCamp-Envato discussion so far as to say that if/when Envato allows their developers to choose a 100% GPL-compatible license for their Themes, then I believe that any Theme developers who choose to use such a license would be welcome to submit Themes for inclusion in the wp.org Theme directory.
>> 
>> Otherwise, it really doesn't impact the Theme directory or the Theme Review Team, I think.
>> 
>> 
>> On Thu, Jan 24, 2013 at 4:47 PM, Emil Uzelac <emil at themeid.com> wrote:
>> FYI: http://themeshaper.com/2013/01/24/envato-license/
>> 
>> P.S. Any questions, please post them on ThemeShaper instead.
>> I am just a messenger.
>> 
>> Emil
>> 
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> -- 
> Japh Thomson
> WordPress Evangelist
> http://wp.envato.com
> http://twitter.com/envato
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