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License issue. Using Magento to create client sites
 
LeeSaferite
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@Roy

Thanks for taking the time to help us out! smile

 
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dakman
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Roy thanks for Magento!!!!

You have save us hundreds of hours of OS commerce, virtuemart troubleshooting hell and completely set the new standard for ecommerce today.

Magento literally has it all and if I’m ever in LA can I take you to Ruth Chris for lunch? smile

 
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mweather
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Another issue I don’t think was brought up is if you need to offer source to all users, then what would Varien deem to be “a reasonable effort under the circumstances to obtain the express assent of recipients to the terms of this License”?

AFAIK, Magento has nothing built in on the customer end of things to present the (non-admin) user with the license and get their assent.

 
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LeeSaferite
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@Roy

Any idea when we will see the forum you mentioned?

 
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lotusseedsD
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Lee Saferite - 19 September 2008 08:43 AM

@dakman
If a designer chose to start from scratch with a theme and not use any of the Magento Original Work, they could license the theme any way they saw fit.

Because I intend to introduce my Magento themes, so I’d been doing my homework on OSL 3.0, MIT and GPL licenses.

If I truly understand what I have read thus far, and based on what Roy and his lawyer have written, I think the theme I make from scratch (design, markup and css) will still falls under OSL 3.0 because the Category menu, OPC, multi-address, sitemap, advanced search, layered nav won’t work without core code. Making a magento theme isn’t just a matter of creating my design layout, write my own style sheet/JS and use my unique IDs and classes for the divs.

I am just curious and concern though, is it appropriate to license my theme as OSL 3.0 Non-Exclusive Single Domain License, and with a clause that read: “under Non-Exclusive Single Domain License, you are not permitted to re-distribute or resell the theme”.
It seems against the OSL 3.0 license term to prevent anyone who purchases my theme from re-distribution.

 
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Lawrence Rosen
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I’m not sure how you draw that conclusion from anything in OSL 3.0.

Any code you write from scratch is yours. You don’t owe it to anyone. You may use and license it to others any way you wish. It is not a derivative work simply because it “won’t work without” another program. I have lots of programs that won’t work without Linux or Windows, and those are definitely not derivative works of Red Hat or Microsoft software.

I acknowledge that there have been many things written in the open source literature that would lead to this confusion. OSL 3.0 is not like the GPL. It doesn’t matter how programs inter-work; under OSL 3.0 it only matters if you create a Derivative Work as that term is defined in that license.

But please stand by. Roy and the Varien staff are working on some things that will make this even clearer. The next release will hold some good surprises about this whole topic.

/Larry Rosen

 
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lotusseedsD
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Larry, thanks so much for the feedback.  It gives more clarity now.

Lawrence Rosen - 05 October 2008 09:38 AM

I’m not sure how you draw that conclusion from anything in OSL 3.0.

Any code you write from scratch is yours. You don’t owe it to anyone. You may use and license it to others any way you wish. It is not a derivative work simply because it “won’t work without” another program. I have lots of programs that won’t work without Linux or Windows, and those are definitely not derivative works of Red Hat or Microsoft software.

If I were to profit from Magento selling Magento themes, I want to make sure I fully respect Varien’s copyrights and that whatever license I use for my product, does not in anyway violate OSL 3.0 license.
The thing is that, I feel it’s impossible to create my Magento theme from scratch as far as code concerns.  Take a small piece of js code in one page/shipping.phtml for example:

<script type="text/javascript">
<!--
    var 
shipping = new Shipping('co-shipping-form''<?php echo $this->getUrl('checkout/onepage/getAddress') ?>address/''<?php echo $this->getUrl('checkout/onepage/saveShipping') ?>',
        
'<?php echo $this->getUrl('checkout/onepage/shippingMethod') ?>');
    var 
shippingForm = new VarienForm('co-shipping-form');
    
shippingForm.extraChildParams ' onchange="shipping.setSameAsBilling(false);"';
    
//shippingForm.setElementsRelation('shipping:country_id', 'shipping:region', '<?php echo $this->getUrl('directory/json/childRegion') ?>', '<?php echo $this->__('Select State/Province...') ?>');
    
$('shipping-address-select') && shipping.newAddress(!$('shipping-address-select').value);

    var 
shippingRegionUpdater = new RegionUpdater('shipping:country_id''shipping:region''shipping:region_id'countryRegions);
//-->
</script>

I cannot see how I can delete it or ‘invent’ my own code to make the shipping page works, and I need it to be intact in my theme for restricted distribution (single domain license for example). So that was the doubt I had and is still a bit concern with.

But please stand by. Roy and the Varien staff are working on some things that will make this even clearer. The next release will hold some good surprises about this whole topic.

/Larry Rosen

That’s really a great news! I have been postponing my themes be released so that I can decide which license is more appropriate.

Thanks again! I read your articles concerning Open Source Software in a few sites, all of them have given me lots of insight and clarity.

 
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