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The Bad End of Open Source - My Designs Have Been Re-Packaged (6 posts)

  1. SmallPotato
    Member
    Posted 8 years ago #

    Here's what's up:
    http://www.wpdesigner.com/2006/07/18/dandylandorg-on-the-chopping-block/
    http://www.wpdesigner.com/2006/07/20/dandylandorg-busted-adapt/

    I'm not mad, but obviously not too happy or flattered. Is there anything I can do in terms of... maybe preemptive strike if this person decides to do it again or something that would deter that person from stealing my ideas?

    Of course, there's nothing legally that I can do because what she did was perfectly fine under open source terms, but it wasn't ethical.

  2. whooami
    Member
    Posted 8 years ago #

    hmm, thats a drag. Arent you the one that had to be talked into the text file about the usage of the movie image in that second theme, yeap that was you.. http://wordpress.org/support/topic/76673?replies=14

    hmm..

    On an related note.. the misuse or theft of someone else's work doesnt rise or fall on the GPL.
    The irony being that your usage of that image wasn't stopped by the fact that thats clearly someone else's work and undoubtedly held under some copyright. A tougher restriction didnt stop you, so whats the beef with the gpl or opensource? Whats the difference in the end?

    In other words, its not the the system that needs changing, its the people that need to change.

  3. Marc
    Member
    Posted 8 years ago #

    OUCH! Nice shot Whooami

  4. SmallPotato
    Member
    Posted 8 years ago #

    The difference was my intention and I did credit the movie for the image. She's outright took my design and re-packaged it as her own.

    I did no such thing with the image, which was used with the Neo-Sapien because the theme was based on the movie.

    After I was corrected by one of the members, I went further to credit the movie in multiple files, the download page, and I've warned the users about the copyright issue over the image.

  5. gregh
    Member
    Posted 8 years ago #

    Rather than getting into debating good and bad "intentions", as far as I can tell, the repackager did nothing wrong. Did she strip your copyright notices from your source files? If not, no GPL violation. (Note I haven't actually checked this, but I do note in the email that you quoted that the person directs you to look at the CSS file where you are credited.)

    In any case, it seems ridiculous releasing a theme under the GPL. The GPL is for software. How many lines of code were in your theme? I would have thought that one of the Creative Commons licenses would have been a better fit for your themes.

    As for your use of the copyrighted movie image without permission, I'm afraid that saying that fan sites use it, or that you don't intend to make money from it, or that you thanked them profusely for it in your README file etc won't protect you in a court of law. The only thing that will protect you is written permission from the copyright holder. I presume you haven't asked for such permission because you know that they won't give it to you.

  6. SmallPotato
    Member
    Posted 8 years ago #

    Regardless of what license, I have no idea of the difference between them. I assumed that gpl is for open source (stupid me). I know nothing about this stuff and just wanted to release my designs for people to use (not to re-package them and act as if they came up with the original concept).

    The problem isn't copyright infringement. I was careless about using the movie image because if anyone could potentially get sued would be me. End users could simply replace the image. That was my point after releasing it.

    She told me that she credited me for coding. I coded and DESIGNED it. If she wanted to really credit me for my work, she would've done so on her website. Don't get me wrong, I'm not looking for a link back for pr or traffic. Just a simple little mention of my website or even my name would've kept my mouth shut.

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