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Opened 9 months ago

Closed 9 months ago

Last modified 6 months ago

#13321 closed theme (not-approved)

THEME: Trvl - 1.0.1

Reported by: automattic Owned by: tskk
Priority: previously reviewed Keywords: theme-trvl
Cc: themes@…, chipbennett, lancewillett

Description

Trvl - 1.0.1

Designed by Danny Cohen, Trvl is a beautiful and simple tumblelog theme.

Theme URL - http://theme.wordpress.com/themes/trvl/
Author URL - http://automattic.com/

SVN - http://themes.svn.wordpress.org/trvl/1.0.1
ZIP - http://wordpress.org/themes/download/trvl.1.0.1.zip?nostats=1

Diff with previous version: http://themes.trac.wordpress.org/changeset?old_path=/trvl/1.0&new_path=/trvl/1.0.1

History:

Ticket Summary Status Resolution Owner
#12902 THEME: Trvl - 1.0 closed not-approved poena
#13321 THEME: Trvl - 1.0.1 closed not-approved tskk

(this ticket)

#15568 THEME: Trvl - 1.0.2 closed live alex27


https://themes.svn.wordpress.org/trvl/1.0.1/screenshot.png

Change History (10)

comment:1 tskk9 months ago

  • Owner set to tskk
  • Status changed from new to reviewing

comment:2 tskk9 months ago

Everything looks good, what Poena was asking is to add the following to style.css or readme.txt

Trvl WordPress Theme, Copyright 2013 Automattic
Trvl is distributed under the terms of the GNU GPL

Also, I am not sure if its okay to use unlicensed Tumblr theme Trvl http://www.tumblr.com/theme/19204 will check with an admin.

comment:3 tskk9 months ago

  • Cc chipbennett added

Chip, is it okay to approve a theme based on unlicensed Tumblr theme ?

comment:4 chipbennett9 months ago

Combining the Tumblr Terms of Service:

Blog Themes
Tumblr makes available specialized HTML and CSS code ("Tumblr Template Code") for the design and layout of blog pages available for use on some of the Services ("Themes"). Certain Themes are available for purchase as a Paid Service (as defined below) (such Themes, "Premium Themes"). Purchased Premium Themes may not be transferred between Accounts, between blogs, or between Services on a single Account and are subject to the payment terms herein.

Tumblr grants you a license to customize the Tumblr Template Code to create your own Themes for use on your blog page (each a "Custom Theme"). If you choose, you may also contribute your Custom Themes for use by other Subscribers as Subscriber Content. However, as a condition of the license allowing you to create Custom Themes, you agree that you won't distribute such Custom Themes from locations other than Tumblr-owned or approved websites without our permission, as set out in our Community Guidelines.

With the Tumblr Community Guidelines:

Third-Party Theme Distribution. To manage the safety and stability of blog themes, the vast majority of which are contributed by the Tumblr community, it's important that themes are distributed through our centralized Theme Garden. Third-party theme directories are often used to inject nefarious code that results in spam, ads, or phishing attacks. Since anyone can host and promote their themes in the Theme Garden, don't create or use third-party services to distribute source code for Tumblr themes. Creating blogs or directories that curate themes in the Theme Garden is a-okay.

I don't think that Tumblr Themes are GPL-compatible.

Design is copyrightable, and design is the basis of the derivative work in this case. Thus, without an explicit license statement indicating that the original work is distributed under a GPL-compatible license, I don't think we can consider the derivative work to be validly licensed under GPL.

I am open to argument otherwise.

comment:5 chipbennett9 months ago

  • Resolution set to not-approved
  • Status changed from reviewing to closed

comment:6 kobenland9 months ago

  • Cc lancewillett added

Hi Chip,

Sorry for not getting back to you earlier, we did not receive any notifications until you closed the ticket.


Also, I am not sure if its okay to use unlicensed Tumblr theme Trvl

Prior to converting Trvl to a WordPress theme, we reached out to the theme author and asked permission for the conversion.


Reading through the TOS, it appears to me that the clause on distribution from third party websites only applies to a "Custom Theme", not the original theme itself.

Regarding the restriction in the Community Guidelines, I think that those only apply for themes intended to be used on Tumblr:

don't [...] use third-party services to distribute source code for Tumblr themes

(emphasize added)

What do you think?

comment:7 follow-up: chipbennett9 months ago

Hi Konstantin,

I'm honestly not sure on both points, and as I said: I'm certainly open to argument.

At the very least, having some kind of documentation that the owner of the original work has permitted the derivative (preferably under an explicit license), should cover all bases.

comment:8 in reply to: ↑ 7 kobenland9 months ago

Replying to chipbennett:

At the very least, having some kind of documentation that the owner of the original work has permitted the derivative (preferably under an explicit license), should cover all bases.

Absolutely, we're happy to provide that:

Posted on: 15 Apr 2013 12:08 PM	
Hi Konstantin,

Thanks for your interesting in the TRVL theme. I'm a big fan of Automattic, and I'd be more than happy to hand TRVL over, but it only exists as a Tumblr theme right now.

I'm currently busy with paying projects so I don't have time to turn into a WordPress theme, but if you'd like to take the design, I'd be fine with that. Under GPLv2, would I still retain ownership and credit? How does it work exactly?

Please let me know if you have any questions for me.

- Danny
Posted on: 15 Apr 2013 01:09 PM	
Hi Danny,

Thank you for your quick response!

> Under GPLv2, would I still retain ownership and credit? How does it work exactly?

On WordPress.com and in the version submitted to the WordPress.org Theme Repository, we will give credit to you, including a link. End-users on the WordPress.org side will have the freedom to remove the credit link, though attribution to the original author is required. You can find more information about the license here:
http://www.gnu.org/licenses/gpl-2.0.html

Thank you very much for the opportunity to bring Trvl to WordPress.com!

Best,

Konstantin Obenland
Automattic | WordPress.com

Thanks,
Konstantin

comment:9 obenland6 months ago

Hi Chip, any news here?

comment:10 emiluzelac6 months ago

This is good enough for us. Please go ahead and re-submit with the above clarification in readme or whatever.txt, note the ticket and we will approve.

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