Website Rob:
While we are on the Subject, how is that places like TemplateMonster can (properly?) charge for Templates?
After all, they also use part of GPL distributed software (Zen Cart, osCommerce, etc) yet no one thinks twice about paying or saying anything to the contrary?There is a common mis-perception about the GPL that it says software should not be sold. In fact, the GPL doesn't require that software be distributed for free, i.e. no money, but that it should be distributed in a way that gives recipients freedom to use i.e. to read the code (which must not be obscured) and free to change to reflect your site's needs, and free to redistribute it. Indeed charging for "free" software is even encouraged. The beginning of the 2nd paragraph of the GPL license's preamble is particularly instrictive:
When we speak of free software, we are referring to freedom, not price.However, it goes on to say > Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free softwareTemplate Monster templates, because they are adaptations of GPL code fall under this licensing as "free software". However it's not clear that the images bundled with them do. That could be argued both ways.
TM's "Terms of Use" do appear to contradict the terms of the GPL, for example their restriction of free usage of templates purchased by limiting them to a single site. This doesn't look enforceable in respect of the PHP scripts that they sell. But may be enforceable for the images that they bundle with them.
Where Template 13 would have breached GPL was seeking a payment in order to be able to make changes to the software, a clear restriction on free usage and credit to him for acknowledging this. He could however, quite legitimately make a charge for people to download his templates from his site, and given the effort that he's put into generating all those templates and building a site to display and give people access to them - why not?
