[wp-hackers] On Submitting Code

[Mike Schinkel]

On Aug 31, 2010, at 3:48 PM, Ryan Bilesky wrote:
> On Tue, Aug 31, 2010 at 5:17 AM, Jeremy Visser <jeremy at visser.name> wrote:
>> ...Even without a code submission policy, it is 100% clear that all
>> contributions to WordPress fall under the GPL. There is no doubt about
>> that. The LICENSE.txt file is included with every copy of WordPress,
>> which clearly talks about derivative works. A code contribution policy
>> will not clarify that....
> 
> I disagree.  The GPL license talks about derivative works, but it depends on
> what you constitute as derivative works.  I personally would not consider a
> theme or a plugin a derivative work.  Now granted I am not a lawyer, and idk
> if there has been some sort of precedent set in some court case about what
> constitutes a derivative work.  But in my mind, a pluigin or theme is its
> own unique work, the fact that it connect to a GPL based software don't make
> it derivative.  

FWIW even though I know that the majority of the WordPress community do not share your opinion I have had long discussions with a prominent local IP attorney on that subject and his opinion agrees with yours. Opinion to be published somewhere in the near future.

-Mike