Is WordPress Getting Hostile With Developers?

We love WordPress. And, yes, we love the fact that it is free.

WordPress is also GPL. Thesis (the popular premium theme) is not GPL. Matt Mullenweg thinks it should be. The argument is that, because Thesis is a “derivative work” from WordPress, it is required to also use the GPL. There is a counter-argument, too, which says GPL doesn’t apply.

But, the debate got louder today and now there is even talk of Mullenweg suing over the issue.

Here’s my take…

Oh, GPL. Oh, How Confusing You Can Be.

Simply put, the WordPress platform and community benefits from a community of developers creating add-ons, whether they be free or commercial. The community benefits from having that option. I believe that trying to shame or force a developer to give their work away for free is not only wrong, but will harm WordPress.

There are a number of premium plug-ins that are quite good. I’ve also paid for WordPress themes. I am not a customer of Thesis, but I recognize why so many want to use it. Same goes for Headway. Do we actually want to use a platform where that kind of innovation is met with scorn by people who think everything should be free?

Or is “free” even the issue? I gotta say, it is rather confusing. Is it because Thesis contains some encrypted code? Plus, there is the whole debate about whether a theme is even a derivative work. A theme doesn’t modify anything with WordPress – it simply makes function calls that WordPress put there specifically for themes. If a theme developer extends the capability, using their OWN code, does the whole thing come under GPL just because he may have used these function calls?

Perhaps, ultimately, the GPL itself needs some sort of clarification. That whole “derivative works” clause seems to lead itself to problems. I don’t want to get into the arcane details of open source licensing, but GPL is, in my view, too restrictive. The “copyleft” restrictions are just too much. This is the very reason that PHP itself changed its license away from GPL starting with version 4. Otherwise, development on the PHP platform would be stifled because everything developed with PHP would be subject to these same issues. A BSD-style license just makes so much more sense.

I applaud people who develop on the GPL license. The Internet would be a very different (and worse) place without them. However, this whole idea of using it to force their will on others – that bothers me.

Getting Hostile With Developers?

Here’s what I see, though. I see a guy who put a lot of work into a product (Thesis) and decided he wanted to charge people to use it. To me, that seems like his right. Nobody has to get it if they don’t want to. WordPress provides plenty of hooks for such things. Thesis uses them to meet a strong demand in the marketplace.

And I see Mullenweg (at least judging from his Twitter account) essentially being a passive-aggressive snob, retweeting other people’s attacks on Thesis. What I see is Mullenweg trying to use a mob mentality to shame Chris Pearson into making Thesis GPL. This is not the way a professional acts, IMO.

Mullenweg is making WordPress development look like a pretty bad bet right now. And if this mentality goes so far as to stifle development of commercial add-ons for WordPress, that will be the beginning of the end of the “major platform” status of WordPress. Mark my words.

For people who will claim the GPL promotes freedom of choice, I think trying to shove the GPL down somebody’s throat is about everything BUT choice.

I love WordPress because of its flexibility. I LOVE the fact that there are so many plug-ins and themes available for it. I LOVE the fact that I have options to BUY more premium-level add-ons if I so choose. THAT’S choice.

I want to love WordPress for years to come. Please don’t screw it up.

If you’d like to chime in, I’d love to hear from you. The open source license scene is anything but easy to interpret. :)

UPDATE:
Not that I’m following this whole thing closely, but I happened upon another post written today by Jane (she works for Automattic) who gives another viewpoint on this, plus some backstory. Worth a read, for sure. I’ve never met Chris Pearson nor Matt Mullenweg. I can only judge what I saw Matt doing on Twitter today, and I thought it was pretty messed up. But, it usually takes two to tango, and apparently Chris is doing the jig, too, at times.

One thing is for sure, this debate comes down to a philosophy difference. Very fundamental. I’m not sure anything except a court case will truly resolve it. That said, I won’t hold my breath on that actually happening. But, if you’re at all thinking about doing non-GPL stuff on WordPress, realize Matt might gang up on you. :)

One thing seems clear: WordPress isn’t all that inviting to develop for anymore. I learned something about WordPress today, and as of today, I no longer look at the product the same way. Still a fan, but it smells.

Free eBook!

Like what you read?

If so, please join over 12,000 people who receive exclusive online business and blogging tips, and get a FREE COPY of my eBook, Six Figure Blogger Blueprint (PDF and MP3)! Just enter your name and email below:

  • http://www.marsdorian.com/ Mars Dorian

    Maybe, but he should be thankful for people enhancing his platform and making a business from it.

    Why would you ever limit the potential of someone helping you improve and spread your stuff ? So what if Chris doesn't want people to redistribute his code ? His work, his credit. Love it, or leave it.

  • http://twitter.com/apeatling Andy Peatling

    I don't agree, I think community, support, feedback and accountability are one of the main reasons people go for premium themes and not free ones that “look nice”.

  • http://twitter.com/apeatling Andy Peatling

    No, the legal issue will be with DIYThemes not the end users. The result would give you more freedom as an end user, not less.

  • http://bradleydurham.com Bradley

    A legal issue for DIY does affect the end users who have bought the product. I don't see how it doesn't.

    Promises of more freedom ring pretty hollow based on previous experiences.

  • http://nathanhangen.com/blog Nathan Hangen

    You think or you know? Have you ever worked with clients? They don't give a damn as long as it looks nice.

    I've bought a theme from every major provider and never used a support forum once. I could care less about any of that.

  • http://www.scottwebb.tv/ Scott Webb

    This has been done multiple times with thesis as well on fiverr. Gpl or not it's going to happen dude.

  • http://nathanhangen.com/blog Nathan Hangen

    Yes, but the difference is that Thesis, because of their license, is able to combat this, whereas WooThemes has zero defense against it.

  • Felix

    In cases like this, it might be possible to sue for trademark infringement. Matt suggested this in the interview with Chris on mixergy.

  • http://11strategies.com Peter Knight

    It's not that complex. GPL licensed premium themes or plugins do not impede on profits in comparison to other licenses (and maybe the reverse is true). Just aim to do business with honest people (who want to pay for good solutions) and realize that those that do abuse will do so regardless of a license. And like Matt and Andy have referred to, you still own your trademark so if somebody falsely uses your premium product, you still have a way of protecting your work.

    I don't think it is that beneficial to make WP sound like it is aggressive toward developers. It isn't. Thesis is a super small minority that breaks with GPL (headway already has switched). And to be quite honest, without an open license like GPL WordPress wouldn't have grown to the point it is. Matt has tried for over 2 years to persuade Chris Pearson and he doesn't want to sue, that's why I think he's doing everything he can to persuade Chris through other forms (he was very passive up until recent weeks). Whether it is an effective tactic is another matter.

    Keep in mind that Matt is also protecting the integrity of what has made WP a great open community and all of its contributors (that embrace the philosophy of WordPress). If you listen to the Mixergy interview Matt's tweets are more understandable. If they were hostile, they would have sued two years ago and Thesis would never have enjoyed anywhere near its success it has today. For a better understanding of Pearsons general attitude toward WordPress, listen to the Mixergy interview.

  • http://11strategies.com Peter Knight

    What specific value has Thesis has given to the WordPress community as a whole? (I just like to hear some specifics) I've seen this mentioned by a couple of people and having used Thesis myself as a developer for clients who bought Thesis I fail to understand it's magnificent contributions. Maybe someone could enlighten me. From my clients experiences, what I get is that they feel Thesis is good for SEO (but without them knowing the ins and out of SEO it's hard to verify), they think it stands for quality because it is premium, they think it is flexible but they don't know how to tweak it. The only thing I have noticed is that they appear to have good support – can't even vouch for that because I've had clients come to me to tweak their Thesis themes.

    It is kind of ridiculous in comparison to the hundreds of developers out there that have contributed in there own ways. There are free plugins out there that have made more impact than Thesis – just because Pearson has made a thriving business for himself doesn't mean he's made a more noteworthy contribution to the WordPress community as a whole compared to the hundreds of plugin devs, theme devs and WP code contributors.

  • http://blogforprofit.com Grant Griffiths

    As of right now, Headway Themes is a split license. Only that code which communicates directly with WordPress falls under the GPL. All other code, javascript, custom.css and images are under our own license. This is similar to how Press75.com does their license. And according to Matt, a split or dual license is completely “legal under the GPL.”

    What too many see with the GPL is that they should get the product for free. This is simply not the case. No where in the GPL is a developer not allowed to sell their product for money.

  • http://blogforprofit.com Grant Griffiths

    This is not the case. A project built for a client is not a public distributed product. It is a private project and does not fall under the GPL.

  • http://blogforprofit.com Grant Griffiths

    I do not believe a suite by WordPress against Thesis or any other non-GPL theme will affect any project built for clients. The two are not the same.

    We looked long and hard at the GPL issue and only recently put Headway under the GPL as a split/dual license.

    As far as telling someone what license they should be using. If you look at license law, it is usually the case that a product built that communicates and works with another product, inherits that products license.

    Let me just say, I am not in complete agreement that every piece of work is automatically brought under the other product's license. It is very clear this is a topic that has not been decided by the courts. If the WordPress vs. Thesis argument goes to court, perhaps we will have an answer once and for all. However, I hope it does not come to that. A court case , no matter the outcome is not going to be good for either WordPress nor Thesis.

  • Sam

    What I don't understand is, how is there absolutely zero protection for the themes?

    Technically speaking the GPL only applies to the code, not to the images used.

    So the theme developers can still issue a cease-and-desist if the theme is distributed by someone else without permission because of the images, javascript, and css files used…

  • http://nathanhangen.com/blog Nathan Hangen

    Might be, but I'd like to know for sure…especially if I were a WP dev.

  • http://www.highballblog.com/ Constantin Gabor

    Matt replied on Twitter to me ans said there are a tons of developers out there making money with premium themes (better than Thesis) under GPL. So if this is true I don't see why he's taking the trouble to harass Chris.

    It seems that Chris is loosing an opportunity to make “tons of money” under the GPL so why does Matt care?!

    This whole thing is silly and the fact that it makes Chris look “bad” is even worse… Especially for Matt is worse as he points the finger to a good guy who did an awesome job with Thesis – and as you said is his right to charge for that.

    And I really don't see how the WP community is suffering..?! Nobody is suffering coz Thesis costs money since there are other products out there for free. As long as people can choose free pr paid themes it's normal that developers could also chose too whether their work goes out for free or not.

    I used to think Matt is a generous guy. The fact that he wants to dictate what WP software goes GPL feels like a dictatorship.

    I stress the fact that the community is okay with Thesis being proprietary (and those who aren't okay with that and want to have it for free… well those are not cool – and I wonder how would they feel if their work, no matter what field, will fall under GPL all of a sudden).

    Matt, stay cool as you used to be! Chris, keep doing an awesome job!

    I am okay paying for stuff as well as taking it for free as long as the creator of that stuff gives it away for free. I don't use Thesis, I don't even use WordPress but I love honesty, common sense and business.

    The next thing we may hear is that all content on WordPress is GPL… – take it, duplicate it, sell it as your own – it's on WP so is GPL…. :-|

  • marry smith

    so usefull article, i like it so much