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Wordpress vs. Thesis : concrete5 says “the GPL is stupid”

by Franz

Wow. If you haven’t heard the drama, you should watch this video. In short, a premium theme developer (DYITthemes) which sells a wordpress theme named Thesis does not release it under the GPL license.

Matt Mullenweg, the co-founder and leader of Wordpress is calling him out on it; “when you violate someone’s license it is breaking the law. It’s a definition of breaking the law.”

Chris Pearson says he doesn’t have to release his theme under the GPL “They are not the highest authority node up on the tree that gets to decide everything that happens underneath them.”

You can watch them get all sassy with each other for an hour, if you want. Plenty of people have and some of them are asking for our view on it.

concrete5 is a competitor to Wordpress in ways, and we had to choose a license when we started as well. We specifically did NOT choose the GPL for exactly this reason. Here’s how we see it…

1) Much of this is about distribution. Our understanding of this is pretty simple:

If Thesis is distributed as a stand alone download that /includes/ a copy of Wordpress, then Chris is legally wrong. If you distribute GPL software, everything you add to it has to be GPL compatible. Clear and simple, period.

If Thesis is distributed on its own, I think Chris might have an argument to make. It’s easy to think “hey this does nothing without Wordpress, it is dependent on it, it needs to honor whatever legal requirements Wordpress comes up with” but I don’t think that’s technically true. The GPL is about the copying and distribution of software and it doesn’t really cover this with a tremendous amount of clarity. There’s plenty of examples that would have been a lot more interesting to discuss than what they did in the interview. For example, just because you’ve written software that runs on Linux doesn’t mean it has to be GPL. If you distribute Linux WITH your software as a single solution it does however. How’s that for weird?

Regardless, Chris would have a much better high ground to stand on if Thesis actually worked with different CMS backends – much the way that C# application you wrote for linux could also run on a variety of other operating systems.

2) Matt seems like an awful nice guy, and Pearson comes off like a total douche in this interview. I’ve never met either, I’m sure they’re both awesome, I’m just saying after losing an hour to listening to this crap there’s a pretty clear answer for who I’d like to have a beer with. That’s a tremendous shame because frankly Chris is the underdog here trying to build and maintain a nice small business and Wordpress is the big player trying to squash entrepreneurialism. Regardless, Matt comes off as the hero cause he’s a nice guy and Chris comes off poorly because of the way he makes his arguments. Important lessons there, it’s probably time for us to do a better job stripping drupal references from our customer testimonials. ;)

3) Wow you can tell the difference that some funding makes. Let me just be clear about what I believe to be the real motivators here, please correct me if I’m mis-informed: Wordpress  Automattic has raised over $40m in venture capital. They have over 25 million blogs out there, and fundamentally they are in the content business. They don’t make their real money by selling wordpress, or taking a cut of marketplace add-ons, or offering paid hosting, or any of the stuff we do, they make their money on content. The advertising value on wordpress.com is huge. You have 25 million individuals using your platform to create content, you can monetize that in big ways. That’s why wordpress may be frequently used as a CMS to build some corporate site, but you’ll never see their core team drop features that help my wife (who has an active wordpress blog about DIY sewing), in favor of features that make some corporate extranet easier to run. Matt doesn’t have to worry about making payroll in two weeks, he has to worry about balancing ads and content on Wordpress.com so my wife keeps going there to find other cool sewing blogs she wants to cross link to. Wordpress’s real competitors are Twitter, Facebook, Google – they’re in that big business of re-inventing media. That’s why the GPL makes sense to them. The more wordpress is out there, the better for wordpress, as long as it’s called Wordpress.

Chris on the other hand is selling a Theme that helps turn Wordpress into a application that does something more. Again I’m just guessing here, but it wouldn’t shock me at all to hear Chris’s company is self funded, profitable, and it hasn’t been easy to get there. The idea of having a product that you sell at $50 a pop being distributed for free or even worse sold for $49 somewhere else has to make him physically sick. The carrot of “but people will want you for support” is a pretty grim answer.

I’m not arguing that Matt has an easy life and Chris doesn’t. Certainly the stress of looking Phil Black in the eye and saying “yes your $40m will turn into $800 million, sir” can’t be fun. I’m just saying the two challenges are very different and you can read the distinction in motivation from just the tone of their voices alone.

4) The GPL is stupid, and O’Reilly did us all a tremendous disservice when he came up with “open source”. Yeah I said it, so blah! When I was a developer growing up in the 80’s, we had licenses that actually meant what they said. If you wanted to just give something away, you called it Freeware. If you wanted to save some money on sales but still own your software, you called it Shareware or Crippleware depending on if you offered a fully functional copy with additional features or if you did something like disable save. These labels came from the DIY software world where entrepreneurs could start successful businesses cheap by distributing stuff on BBS’s. (go look up Apogee Games). Meanwhile there were any number of “big” projects that were being distributed under licenses that made sense for schools and huge corporate problems. NASA develops some standard and wants to share it with the world, how do they do that? Several big software vendors see value in a piece of software existing, but not being “owned” by any commercial entity, how do they do that? Everyone wrote their own license and while it was confusing, it worked. Then in the late 90’s the successful technical book publisher O’Reilly came along and dubbed everything I’ve listed as “Open Source” for the benefit of the media which was having a hard time understanding how Linux could compete with Windows. Well that’s cool and all, certainly having concepts that everyone can understand in a word is great, but clearly we aren’t really there. Confusion abounds. People talk about “free beer vs. free speech” all the time, it sounds like a broken record. Any one with half a brain knows that nothing worth having in life is truly free (in cost), yet we also agree that the idea buying a car with the hood welded shut sounds like getting screwed. The goal to provide some clarity across all the different types of licenses that software was released under by calling half “open source” and the other half “commercial” has utterly failed.

5) You say you want freedom? Then the GPL isn’t for you. It is not “freedom” to force people who extend your software to honor ANYTHING you say. I’m not saying it isn’t a good business idea, I imagine it may frequently be a great business idea, but it’s not “freedom” so don’t try to take the moral high ground. You’re limiting people and it doesn’t matter that the perceived motivation of your limit is to enforce further freedom. Freedom doesn’t work that way, but proponents of the GPL seem to think it needs protection. Here’s how we see it:

If you’re for the GPL, you believe freedom is a fragile flower that has to be protected. “This started as free, we’re going to make sure it says free with all our impressive powers.”

If you’re against the GPL, you believe freedom is a force of nature. It may not look that powerful at a glance, but it’s gonna win in the end. It’s like entropy. It exists, it will win. It doesn’t need your help, all it needs is your awareness and faith, and sooner or later it’ll come out on top.

Freedom is the MIT license which to paraphrase in three words says : “Don’t sue us”. If your goal really is to give something away for no cost and have the world be “free” to do whatever it wants with it, that’s all you need. Limit the creators exposure to liability, which would limit their own freedom, and you’ve made it “free.” Of course if you do that you run the risk of someone taking your software packing it up and screwing you over in any number of ways, but no one said freedom was easy.

These issues with the GPL are not new, and it’s sad to see this play out yet again. Frankly I like to think that any legal document’s job is to create clarity, and whatever your view may be, its clear the GPL is pretty gray in spots. In some ways, I hope this does go to court so we can all get a clear answer on how this thing is supposed to work.

Meanwhile if you want to be part of something that is free, and is eager to be free in a simple understandable way, you should be developing stuff for concrete5.

UPDATE : Orrrrr I’m completely wrong.

As more debate continues in IRC and other forums a point has come up that we didn’t address in the original post. Thesis uses wordpress’s theme engine and that includes any number of lines of code that wordpress wrote. Clearly that is their work, covered by their license, and Thesis is a derivative of it. THAT being the case, he very well may be violating the GPL. What gets interesting there is where is the line for that not being derivative? If he just goes through and renames all the functions and variables but it functions the same way, is that new work? What if he changes some logic too, for loops become while loops, etc. Where is the line where something is no longer derivative but a new thing?

What if Thesis makes an abstraction layer from scratch that does nothing but give them some differently named hooks to the same stuff, and then releases THAT abstraction layer LGPL and continues to sell their theme? That sounds legal, annoyingly stupid but legal.

Regardless the fact that everyone’s so confused about this does bring serious questions to the fore on the worth of GPL and what ‘freedom’ means. I hope we find out.

An open letter to PHP developers about concrete5

by Franz

(Pulled from here: http://www.concrete5.org/about/our_philosophy/a-letter-to-php-developers/)

Hi,

I’m Franz, I used to be a developer, now I write emails. I was programming logo in first grade, I was running BBS’s in the 80’s, hacking together sites with SSI and PHPv3 in the 90’s. Now I run concrete5.org with Andrew, who grew up hacking IRC and has worked with me for over a decade. We built concrete5 after years of consulting and frustration with other systems.

I know there are thousands of content management systems, and the learning curve for any new system is a beast, so I applaud the fact that you’ve bothered to look for something new and have read this far at all. Let me tell you a few things about where we’re coming from that might help you continue to find the energy to get under the hood of concrete5:

  1. We talk about “path of least resistance” around the office a lot. This means creating elegant solutions to real problems. You can’t get too high-level or you’ve just added a layer of confusion. You can’t get too specific because you’ll end up re-writing it constantly. It’s about finding what the consistent elements of the challenge are and building a solution that addresses them while offering complete flexibility around everything else. Path of least resistance doesn’t mean cutting corners, it means spending the time to understand a problem and create strong tools for building all the types of solutions you’ll need in the future.
  2. Object oriented code is a good means to an end – but it’s not the goal. The goal is having reusable code that someone can understand at a glance. If I had to spend 30 minutes looking for a single line of code that is buried 10 directories deep in a file with nothing else in it, chances are you’ve failed in meeting the goal, even though you’re strictly OOP. That doesn’t mean procedural is good, it just means quality is about thoughtful balance.
  3. Just because you can, doesn’t mean you should. It’s fun to brainstorm but lets not pretend every idea is a good one. I personally am the proud owner of many bad ideas. Every feature added means that much more risk of edge case bugs, so lets debate the value/cost ratio of that feature. Just because we’re “open source” doesn’t mean we’re socialist hippies. Lets also not forget that the first 80% of building something is relatively fun and easy, it’s the last 20% of dialing it in that will kill you.
  4. Less is more. These are websites, not rocket-ships. A page on a website is just a page. While concrete5 certainly has a learning curve and you will need to invest a little energy to get started, you should find the number of concepts you have to grapple with to be far lower than what you’ve grown accustomed to.
  5. From the ground up concrete5 was designed to be a CMS. We built this as our tool box to make picky agency clients happy. It’s not a blog that people use as a CMS. It’s not a news site that had features draped on it until it served no particular market and got dubbed a CMS. It is a well thought-out framework that was designed to let crazy clients manage a great looking website, with next to no training.

If you’re hot under the collar right now because I just made it clear I’m not going to automatically approve your add-on when it doesn’t follow standards, or that I’ve failed to understand that your computer science teacher is a god amongst men – chances are you’re going to find your developer glory elsewhere. If these points resonate with you, keep exploring. You’ll find a nicely thought out system that follows MVC and OOP practices where they add value, and helps you get your job done faster and more effectively in the real world.

Best wishes
Franz Maruna
CEO, Concrete CMS Inc.

June 2nd, 2010 at 10:08 am

1 comment

Aaron Swartz and Jordan Michael are awesome people!

by Franz

concrete5.3 has been made possible by long hours, a great community of developers, and the kind license grants of these folks:

Aaron Swartz

This developer wrote the Python based engine we use to compare versions. It’s the only script we’ve been able to find that actually does diff with an awareness of how HTML tags work. If you stop and think about it, you’ll realize that’s a HUGE challenge and this guy solved it with a few pages of code. You should hire him to think about very complicated problems if he’s willing. He allowed us to bundle his GPL based script into concrete5 under the LGPL licesne.

http://www.aaronsw.com/2002/diff/

Jordan Michael

This designer does a lot of amazing work, is based in Chicago, and is gonna be someone you read about in magazines and books one day (if he isn’t already!) We’re using his file type icons in the new file manager because they’re dead sexy, and work at a large scale. He’s allowed us rights to redistribute them with concrete5 and we really dig that!

www.Jordan-Michael.com

Thanks to both of these guys, it’s awesome to be able to find something amazing on the web and use it. We’ll keep doing our best to make sure the whole package is greater than the sum of it’s parts!

April 2nd, 2009 at 1:32 pm

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Lord Maruna is displeased with the Hotel Tria(ge).

by Franz

When I saw the Title dropdown on the registration form, I should have known things would go poorly. Instead of just your regular old Mr., Mrs., Ms., there were dozens of options.. Esquire.. Captain, Admiral, Sir, Duke – and the oh so too tempting “Lord.” I appreciate the creativity of a bored production programmer, so I couldn’t pass up the opportunity of bringing a touch of royalty to my business trip. Wow, was I mistaken.
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January 21st, 2009 at 11:41 am

1 comment

Just launched new concrete5.org site… need sleep badly.

by Franz

Well you may have noticed our concrete5.org site was being “renovated” for the last 24 hours. With the amount of community activity we’ve been having, we just couldn’t find a reasonable way to stage and launch our updates any more gracefully, so thanks for bearing with us through this interruption in services. We’ll do everything we can to avoid it in the future.
Here’s just some of what changed:

  • We completely revamped the home page and several landing pages to give the site a more friendly experience to the non-programmers out there. We also changed the footer around to be a bit more useful and friendly for everyone.
  • A Marketplace now exists! You can browse Themes and Add-Ons, fill a shopping cart with them, make a real purchase with a credit card and instantly download the files.
  • If you are a developer or designer selling something in the Marketplace, you now get credits in your account which you can choose to have paid out via paypal, or you can use to make other purchases around the site. You also get your own forums and ticketing system so you can provide ongoing support to your customers.
  • Forums & Tickets got a bunch of small UI tweaks to make life easier. We now can easily set status of feature requests and bugs without going into edit mode. You can now drag and drop the posting window around your browser so you can see what you’re replying to as you write (that one used to drive me up the wall.)
  • We added member search, buffed out the profile, and introduced 23 new member “badges” that represent expertise and interest. Now you’ll be able to see if that person giving you advice actually knows what they’re talking about.
  • We added a local user group map and search. If you want to have a physical monthly meeting of c5 folk in your area, we want to hear from you and link to you on our map.
  • We put alot of work into making search more useful (i.e.: not suck so much). It’s still got some ways to go, but it is way better than what we had.
  • We seeded the marketplace with a bunch of free blocks we’ve made after listening to real world requests.
  • Rearranged help and added some new screen-casts and articles.
  • We added c5hosting and c5services Partner Program areas.

uhh… I’m sure lots of little things I’m completely spacing because it’s all a blur at this point. Any rate, let us know if anything is off. Thanks for bearing with us while we rolled all that out.

-frz

December 30th, 2008 at 5:01 pm

0 comments

Sweet new demo setup.

by Franz

So, for a long while we just had a single shared c5 demo setup that would clean itself out every hour on the hour. Crude, but an easy way to get a demo up. We started to really understand the downsides when we were seeing 900 new users in there at a time. Seeing things randomly change to Japanese under you is disconcerting as well. ;)

Now when you want to play around with concrete5, you can easily get your own sandbox to play in. After 15 days you can even <hint hint> turn it into a paid hosting account.

Grab your own demo today!

December 3rd, 2008 at 6:13 pm

0 comments

Finally. I’m proud to be an American.

by Franz

Well Gang,

We’re gonna go off topic a bit here, but it’s my right to rant. This is the first day I have ever truly felt proud to be from the United States of America. When I was in high-school, forming my view of the world, we were in the first Iraq war – which I could see even then was an Oil rush, not a moral issue. If you’ve read much of the philosophical rants here, you know I’ve got no love for authority, so I really had nothing much positive to say about my country. When I saw the stars and stripes fluttering in the wind, all I really saw was hypocrisy and a new form of corporate colonial abuse around the world. Certainly the last 8 years have been beyond embarrassing.

While 9/11 was certainly a horrible event, to have the response be a declared war on a tactic and a general closing down of the communication process is inexcusable. To let it fester for a second term was beyond depressing. I find myself in Portland, Oregon frequently only surrounded by people with a similar world view – so to be part of a country that seemed to be so wholly missing the point was horrible. I wondered if our system was truly broken beyond repair. I wondered if our international reputation was broken beyond repair. I wondered if this was a place I wanted to raise my family.

Last night I became a new man. We had all heard the polls, we all had given our time and money to Barack, but still we all assumed McCain would win in some inexplicable evil way. Maybe Diebold would just hand him the vote, maybe there really were millions of closet racists as the media kept implying with the “Bradley Effect” – who knew, but the seldom voiced opinion of all of my friends was “snowball’s chance in hell” that a man named Barack Hussein Obama would be our President. But.. Amazingly..

He DOMINATED.. 2:1 in the electoral college!! took ALL of the battle ground states – none of this waiting around for a week while the lawyers hash it out – we knew while still having an after dinner drink! It was a clear and total victory and I couldn’t be prouder.

I feel like we just made a stronger move in the “war on terror” with that one vote than we did in the 8 years of that cowboy dicking around. I feel like if I were to be on an international tour, I’d be PROUD to have an American Flag on my backpack because we may not be perfect (my God that’s clear) but we’re able to do a 180 degree switch and elect a black man with the middle name of Hussein to the most powerful job in the world. “Give us your tired, your poor” because you TRULY can make something of yourself here. This country is NOT just a good-ol-boys network and we’re NOT Rome falling to chaos – the best truly IS yet to come and it’s going to make the WHOLE WORLD a better place.

Ya know I got truly excited about Barack almost 2 years ago now when I read a New Yorker article detailing his most enduring trait – the inherent ability to be a diplomat. Take two people with completely different views on something, accept that there is no “us and them” – no “good and evil”, but rather help them find common ground and a new understanding about how we all can get along. Its about communication and I believe that through open communication we can solve everything and anything. Frankly, I wouldn’t have chosen to give away c5 for nothing if I didn’t deeply believe that. Freedom of expression is freedom.

I honestly believe Barack Obama IS empathy and communication incarnate. I don’t think it’s gonna be easy, and I’m sure he’s gonna make us all work hard for it, but get ready for some actual thoughtful, deliberate, caring understanding and bridge building from your friends in the good old U, S of fuckin A.

PS: sorry about the last 8 years again.. uhh. mulligan?

PPS: I’d love to hear from our international friends as I know c5 is used as much out of the states as in em..
-frz

November 5th, 2008 at 5:26 pm

27 comments

nevermind freezing my head, just upload my soul!

by Franz

I’m reading Ray Kurzweil who says the the Singularity is Near. While nay-sayers claim his science is questionable, I say he sounds pretty bright to me. The basic gist is because of exponential growth in technology (ie Moore’s law) we’re on the cusp of revolutionary changes in what it means to be human. We will transcend our bodies through technologies ranging from advanced medical DNA engineering to nano technology and the internet itself. We will become immortal within 20 years. (…says Ray)
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Concrete5 Says Goodbye to Internet Explorer 6

by Andrew Embler

…For editing, at least. Sites built with Concrete5 will work in any browser, if they’re coded for it. But the editing interface and the dashboard, both of which feature some pretty complex interface work, are only supported in:

  • Safari 2+
  • Internet Explorer 7+
  • Firefox 2

Other browsers, like Camino and Opera, will likely support Concrete5 just fine. But IE 6 will not. Not even close. As I was mulling over this blog post I caught another one on the same topic. It seems that Apple is doing exactly the same thing with their forthcoming suite of web applications, MobileMe. 

Not bad company to be in, and necessary. The sheer amount of time that goes into debugging things for one specific, eight-year-old browser is mind-boggling. However, dropping IE 6 support is not without its pitfalls: the sheer amount of time saved might overwhelm the typical developer, as she finds herself with much less to do and much less stress about the web in general. The key is to fill this time with something productive. Try tending a garden; read a lengthy Russian novel; teach yourself Spanish; take a cooking class.

(Oh, and install that IE 8 beta in some of your free time – it’ll be released before you know it. And Firefox 3 just came out, so you’d better download that. And Opera 9.5. And Safari 4 is on the horizon.)

Maybe you’d better read a shorter novel after all.

June 18th, 2008 at 8:39 am

2 comments

Posted in Industry, Philosophy

Tagged with , ,

Developers are Human, too

by Andrew Embler

From the beginning, Concrete has been designed as a system that makes the creation of pages easy, with a flexible “block” system available for placing items of content within these pages. As Concrete has matured, new data types have been created for different types of tasks. In Concrete5, for example, we have all sorts of these: single pages, page types, themes, blocks, elements, user attributes, page attributes, email templates, and more.

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May 26th, 2008 at 11:42 pm

3 comments

Back from the Yucatan

by ttrupp

So, after a bit too much sun and tequilla, I’m back at work after a couple of weeks on the Yucatan. Back to the “real world”. It’s a bit of an adventure emersing yourself in a foriegn country where you barely speak the language. The strange thing is that first week I was surrounded by not spanish speakers, but chain smoking germans. I was studying at a small spanish school down there where most of the residents were from northern europe. Fortunately for me, most of the europeans knew about 4 or 5 languages, so english became the spoken language when I was in the room. I was staying in Playa Del Carmen, which is a cool little beach town that has become the fastest growing city in North America. It’s a lot cheaper & more laid back than the spring-break-partier destination of Cancun to the north. After refreshing my poor Spanish skills in Playa I rented a car (driving in Mexico is insane btw. One-way streets and individual lanes are sort of arbitrary concepts there). I headed south to spend a few days in these primitive cabana-bungalows in Tulum, which turned out to be on a nude beach. Then ventured inland to explore the various mayan ruin sites around the peninsula. Uxmal was probably the highlight. A good trip all and all. It definity served its intended purpose of giving some time to reflect and to momentarily re-evaluate this strange american culture we live in.

May 19th, 2008 at 10:09 am

2 comments

Posted in Philosophy

Tagged with

The Business of Bullshit.

by Andrew Embler

Hey all, this is Andrew. I’m Director of Technology here at Concrete Websites, and I’m going to take the reins from Franz for a second.

I’ve been making websites for more than ten years – first as a production/HTML guy, then a web and database programmer, and now as a director of some very talented programmers. Through it all, a number of things have remained constant. One of those is the impressive amount of bullshit involved when talking about the web. For example, in preparing for this post I took a trip to The Web Economy Bullshit Generator, and while its layout is dated, its content is as hilarious and spot-on today as it was when it debuted. And as the web changes, new sites have arisen to chronicle its changing lexicon. Everyone, it seems, is hatin’ on buzzwords.

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May 18th, 2008 at 2:09 pm

5 comments

Posted in Industry, Philosophy

Tagged with ,

out of print – the death of the newspaper.

by Franz

Just catching up on my New Yorker articles and read this interesting one by Eric Alterman about the death of the newspaper.

Yes, newspapers are dying, in fact – they predict the last one will be delivered to the last door on 2043 (not sure how they came to that, but yay for trees.)

The real point I took from the article was “good God! this is horrid, because original reporting is HARD and EXPENSIVE… Blogging is all well and good, but all bloggers do is pontificate and comment on other original sources”… which to a great degree is true.. (omg, is that me admitting to being full of bs?)

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May 8th, 2008 at 11:29 pm

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