Awake & inFocus Envato Clients - can you check your license file from Envato

open (5 posts) (2 voices)

  1. OnePressTech
    Member

    Situation:
    -------
    MSMW dropped off the planet about 10 months ago. All attempts to contact anyone at the company through any mechanism has failed. No one from the company has responded to support requests for the last 10 months.

    Future Support Option:
    -------------------
    I will shortly be managing a fork of the MSMW theme suite as an open source project. I like the theme suite and have decided to continue to support my clients without a theme switch at least for the next 12 months (longer if a significant community forms around the forked theme). It will be available to all at no charge. I'll post a notice on the forum when it is available.

    Unfortunately this option is not going to be available to inFocus or Awake themes purchasers through Envato due to the extra layer of Envato licensing that converts these GPL-core themes into what are essentially proprietary themes.

    Challenge for Awake & inFocus Envato Clients:
    --------------------------------------
    Envato places a set of terms on the software in addition to the supplier's terms. The Envato default license considers the CSS, JavaScript and images to NOT be covered by GPL unless the author-provided license says otherwise. See:
    https://themeforest.net/licenses/terms/extended
    https://help.market.envato.com/hc/en-us/articles/202501064
    https://help.market.envato.com/hc/en-us/articles/202501194-Theme-Plugin-Licensing-Options.

    When you look on the themeforest site the inFocus and awake themes do not state that they are GPL. They also do not appear on the Themeforest 100% GPL list at https://themeforest.net/collections/3516382-100-gpl-wordpress-themes.

    See also https://audiojungle.net/forums/thread/license-question-item-on-tf-from-other-site-which-license-apply-/61483

    However...

    The MySIteMyWay site claims that these two themes are 100% GPL. See:

    - http://themes.mysitemyway.com/awake/pages/faqs/#a9
    - http://themes.mysitemyway.com/infocus/pages/faqs/#a9

    What can Awake & inFocus Envato Clients do:
    --------------------------------------
    Check the readme and license files you received with your Awake & inFocus Envato themes to determine if they have been provided under 100% GPL license or the Envato split-license. If someone can post a copy of these two files here it would be good if I could have a look at them. I can't purchase the Envato themes to check this since I do not want to create any potential exposure to the open-source MSMW theme fork project.

    Awake & inFocus Envato clients should also email Envato support and ask if these themes are 100% GPL or subject to the Envato split-license. It would be good to get that in writing. Let me know how you go with that.

    If Awake & inFocus Envato themes are 100% GPL licensed then I can at least consider rolling them into the open-source MSMW theme fork project subject to confirmation from Envato that this is not in breach of their license.

    Let me know how you go.

    Kind regards,
    Tim Hibberd
    Managing Director - OnePressTech Pty Ltd

    Posted 1 year ago #
  2. ian
    Member

    Hi Tim,

    The first 2 files are in a directory called 'licensing' in the full version of inFocus downloaded from Envato. The 3rd file is from the 'infocus' root directory that one uploads into /wp-content/themes/ i.e. where index.php is located.

    I will email Envato support to see if I can get an answer. Would be good to have inFocus as part of your project.

    EDIT: for some reason it will not let me upload license.txt (even as license dot txt) so I'll have to post the contents here:

    GNU GENERAL PUBLIC LICENSE
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     Copyright (C) 1989, 1991 Free Software Foundation, Inc.
                  51 Franklin St, Fifth Floor, Boston, MA 02110, USA
    
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    Attachments

    1. GPL.txt (14.5 KB, 1 downloads) 1 year old
    2. README_License.txt (0.4 KB, 3 downloads) 1 year old
    Posted 1 year ago #
  3. ian
    Member

    Email support request submitted - note on the site says they are very busy and it might 5 days or more before a response.

    Posted 1 year ago #
  4. OnePressTech
    Member

    Thanks for that Ian. That is what I was looking for.

    The GPL is a standard GPL as expected but it is the readme_license.txt that is the kick in the ass. It states that the theme is licensed under the Envato split-license which is, for all practical purposes, a proprietary license. Legally this means no one can open-source a fork of the InFocus or Awake themes.

    I doubt you or the others who licensed these themes in good faith would have realised at the time you made the purchase that this type of license is a proprietary license. The fact that part of the theme is open-source is meaningless from a practical perspective since the CSS, images, Javascript / JQuery AND the design are not GPL.

    NOTE: Based on the MSMW website claims to be GPL in a similar fashion to WordPress, themes purchased directly from MSMW website are 100% GPL including the CSS, Javascript / JQuery, images (excluding the PSD files). As there is no explicit mention of the design, it is implied to be "open" since copyright law does not extend to design (which would only be covered under Intellectual Property, Trademark or explicit license terms...such as the Envato split-license).

    I have opened a dialogue with Envato. If enough MSMW / WebTreats clients start to bug Envato we might have more leverage to negotiate a future for Awake / InFocus. Even if is is to create a migration utility to one of the 100% GPL MSMW themes. This is not a certainty though since I can't risk the open-source MSMW fork with an IP-claim from Envato based on their MSMW software core commonality with the Awake and InFocus themes.

    Envato's hands may actually be tied as this type of license, if it was extended through to the original author (WebTreats), would mean no one but WebTreats is authorised to maintain the CSS and Javascript / JQuery from a legal perspective.

    We'll see how things go in discussion with Envato. No promises though.

    Kind regards,
    Tim Hibberd
    Managing Director - OnePressTech Pty Ltd

    Posted 1 year ago #
  5. OnePressTech
    Member

    I have reviewed the MSMW licenses for Awake and InFocus and discussed the situation with Envato and the verdict is that, disappointingly, we will not be able to support the Awake and InFocus themes on a community-basis since they are licensed under a split license and are NOT100% open source (e.g. GPL).

    For the non-technical, your software theme is composed of the following layers:
    1) Business Logic (PHP) - stores, retrieves and processes requests for WordPress pages and posts
    2) Presentation Logic (HTML) - tells your browser how to display a WordPress page or post
    3) Style Logic (CSS) - tells your browser how to style a displayed WordPress page or post
    4) Interaction Logic (JavaScript) - tells your browser how to handle keyboard and mouse inputs and handles dynamic or interactive WordPress page or post styling
    5) Look & Feel (icons, fonts, images) - these are static style elements that may be displayed on a web page
    6) Design - this is the configuration of items 1-5 in combination to create the theme

    For a theme to be supported on a community basis all six of these need to be 100% open source (GPL is one example of an open source license).

    The Awake and InFocus themes are distributed via Envato using a split license. Only layers 1 & 2 are open-source licensed. Layers 3-6 are licensed on a per-purchase basis. This means that you (or your sub-contractor) may make modifications yourself to the theme you purchased but no one but the author (MySiteMyWay / WebTreats) can bulk-support clients or distribute theme updates en-mass.

    I am sure this is disappointing news to Awake & InFocus theme purchasers. Sorry to be the bearer of bad news.

    Posted 1 year ago #

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