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Themes are GPL, too

If WordPress were a country, our Bill of Rights would be the GPL because it protects our core freedoms. We’ve always done our best to keep WordPress.org clean and only promote things that are completely compatible and legal with WordPress’s license. There have been some questions in the community about whether the GPL applies to themes like we’ve always assumed. To help clarify this point, I reached out to the Software Freedom Law Center, the world’s preeminent experts on the GPL, which spent time with WordPress’s code, community, and provided us with an official legal opinion. One sentence summary: PHP in WordPress themes must be GPL, artwork and CSS may be but are not required.

Matt,

You asked the Software Freedom Law Center to clarify the status of themes as derivative works of WordPress, a content management software package written in PHP and licensed under version 2 of the GNU General Public License.

We examined release candidate 1 of WordPress 2.8, which you provided to us at http://wordpress.org/wordpress-2.8-RC1.tar.gz. The “classic” and “default” themes included in that release candidate comprise various PHP and CSS files along with an optional directory of images. The PHP files contain a mix of HTML markup and PHP calls to
WordPress functions. There is some programmatic logic in the PHP code, including loops and conditionals.

When WordPress is started, it executes various routines that prepare information for use by themes. In normal use, control is then transferred via PHP’s include() function to HTML and PHP templates found in theme package files. The PHP code in those template files relies on the earlier-prepared information to fill the templates for serving to the client.

On the basis of that version of WordPress, and considering those themes as if they had been added to WordPress by a third party, it is our opinion that the themes presented, and any that are substantially similar, contain elements that are derivative works of the WordPress software as well as elements that are potentially separate works. Specifically, the CSS files and material contained in the images directory of the “default” theme are works separate from the WordPress code. On the other hand, the PHP and HTML code that is intermingled with and operated on by PHP the code derives from the WordPress code.

In the WordPress themes, CSS files and images exist purely as data to be served by a web server. WordPress itself ignores these files[1]. The CSS and image files are simply read by the server as data and delivered verbatim to the user, avoiding the WordPress instance altogether. The CSS and images could easily be used with a range of HTML documents and read and displayed by a variety of software having no relation to WordPress. As such, these files are separate works from the WordPress code itself.

The PHP elements, taken together, are clearly derivative of WordPress code. The template is loaded via the include() function. Its contents are combined with the WordPress code in memory to be processed by PHP along with (and completely indistinguishable from) the rest of WordPress. The PHP code consists largely of calls to WordPress functions and sparse, minimal logic to control which WordPress functions are accessed and how many times they will be called. They are derivative of WordPress because every part of them is determined by the content of the WordPress functions they call. As works of authorship, they are designed only to be combined with WordPress into a larger work.

HTML elements are intermingled with PHP in the two themes presented. These snippets of HTML interspersed with PHP throughout the theme PHP files together form a work whose form is highly dependent on the PHP and thus derivative of it.

In conclusion, the WordPress themes supplied contain elements that are derivative of WordPress’s copyrighted code. These themes, being collections of distinct works (images, CSS files, PHP files), need not be GPL-licensed as a whole. Rather, the PHP files are subject to the requirements of the GPL while the images and CSS are not. Third-party developers of such themes may apply restrictive copyrights to these elements if they wish.

Finally, we note that it might be possible to design a valid WordPress theme that avoids the factors that subject it to WordPress’s copyright, but such a theme would have to forgo almost all the WordPress functionality that makes the software useful.

Sincerely,
James Vasile
Software Freedom Law Center

[1] There is one exception. WordPress does reads CSS and image files to create previews of templates for the template selection portion of the administrative interface. Even in that case, though, nothing in those files calls any WordPress functions, is treated as a command by PHP, or alters any other WordPress data structure. These files are read as data and used to create an image and display a miniaturized version of a webpage to the user.

Even though graphics and CSS aren’t required to be GPL legally, the lack thereof is pretty limiting. Can you imagine WordPress without any CSS or javascript? So as before, we will only promote and host things on WordPress.org that are 100% GPL or compatible. To celebrate a few folks creating 100% GPL themes and providing support and other services around them, we have a new page listing GPL commercially supported themes.

July 2nd, 2009 | Category: Meta | Comments Off

WordPress 2.8.1 Beta 2

2.8.1 Beta 2 is ready for testing. Download it, check out the changes since beta 1, and review all tickets fixed in 2.8.1. We especially suggest, recommend, and beg that plugin developers test their plugins against beta 2 and let us know of any issues. Notable fixes in beta 2:

Translation of role names fixed
wp_page_menu() defaults to sorting by the user specified menu order rather than the page title
Upload error messages are now correctly reported
Autosave error experienced by some IE users is fixed
Styling glitch in the plugin editor fixed
SSH2 filesystem requirements updated
Switched back to curl as the default transport
Updated the translation library to avoid a problem with mbstring.func_overload

Thanks again for testing WordPress.

June 26th, 2009 | Category: Releases | Comments Off

WordPress 2.8.1 Beta 1

We’ve started work on the first maintenance release to 2.8. 2.8.1 will fix a handful of bugs that turned up in 2.8. Today we’re releasing the first beta of 2.8.1. Download it, and check out the bugs fixed so far. Here are some of the notable issues that are fixed in beta 1.

Certain themes were calling get_categories() in such a way that it would fail in 2.8. 2.8.1 works around this so these themes won’t have to change.
Dashboard memory usage is reduced. Some people were running out of memory when loading the dashboard, resulting in an incomplete page.
The automatic upgrade no longer accidentally deletes files when cleaning up from a failed upgrade.
A problem where the rich text editor wasn’t being loaded due to compression issues has been worked around.
Extra security has been put in place to better protect you from plugins that do not do explicit permission checks.

If you would like to automatically upgrade from 2.8 to 2.8.1 Beta 1, follow these instructions. Thanks for testing WordPress.

June 21st, 2009 | Category: Development, Releases | Comments Off

2.8 Release Jazzes Themes and Widgets

I’m very excited to announce to everyone that the latest and greatest version of WordPress, version 2.8 “Baker,” is immediately available for download. 2.8 represents a nice fit and finish release for WordPress with improvements to themes, widgets, taxonomies, and overall speed. We also fixed over 790 bugs. This release is named in honor of noted trumpeter and vocalist Chet Baker. Here’s a quick video overview of everything in the new release:

The first thing you’ll notice is that visually 2.8 feels a lot like 2.7, just with some minor tweaks here and there. However once you’ll dig in you’ll begin to appreciate the changes.

Major New Improvements

First and foremost, 2.8 is way faster to use. We’ve changed the way WordPress does style and scripting.

The core and plugin updaters in previous versions of WordPress have been such a success we decided to bring the same to themes. You can now browse the entire theme directory and install a theme with one click from the comfort of your WordPress dashboard.

If you make edits or tweaks to themes or plugins from your dashboard, you’ll appreciate the new CodePress editor which gives syntax highlighting to the previously-plain editor. Also there is now contextual documentation for the functions in the file you’re editing linked right below the editor.

If you were ever frustrated with widgets before, this release should be your savior. We’ve completely redesigned the widgets interface (which we didn’t have time to in 2.7) to allow you to do things like edit widgets on the fly, have multiple copies of the same widget, drag and drop widgets between sidebars, and save inactive widgets so you don’t lose all their settings. Developers now have access to a much cleaner and robust API for creating widgets as well.

Finally you should explore the new Screen Options on every page. It’s the tab in the top right. Now, for example, if you have a wide monitor you could set up your dashboard to have four columns of widgets instead of the two it has by default. On other pages you can change how many items show per page.

And Even More

You can read the full list of over 180 new features, changes, upgrades, and improvements on the Codex. The list is exhausting!

The Future

We’re already thinking hard about the next versions, 2.9 and 3.0. Keep an eye out for improved media handling, better dependency checking, versioning of templates and themes, and of course the fabled merging of WordPress and MU announced at WordCamp San Francisco two weeks ago.

June 11th, 2009 | Category: Releases | Comments Off

WordPress 2.8 Release Candidate 1

With Release Candidate 1, we think WordPress 2.8 is ready and complete. Download it, test it, and tell us what you think. If you don’t uncover any bad bugs, 2.8 will be released on Wednesday the 10th.

If you’re interested in what has changed since beta 2, consult the changelog.

June 8th, 2009 | Category: Development | Comments Off

Summary of #wordpress-dev IRC meetup for 20090603

Next Wednesday, June 10th, is the target date for the release of
WordPress 2.8. Tickets against the 2.8 milestone that are not
blockers will be postponed to another release.
WP 2.9 will require MySQL 4.1.2 or greater. This is raised from the current requirement of 4.0.
Checks will be added to the automatic upgrader that will prevent upgrading to 2.9 if MySQL < 4.1.2 is being used. The upgrader will also issue a notice that suggests asking the host to upgrade MySQL to meet the minimum requirement.
In order to promote migration to PHP 5, the upgrader will suggest that those running
PHP 4 switch to PHP 5. A link to a Codex page describing how to switch for various hosts should be provided.
The new weekly IRC meetup time will be every Wednesday at 9pm UTC.

June 4th, 2009 | Category: Development | Comments Off