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Am I required to retain the "Powered By" adlink after buying themes / software?

by jake411
61 replies
Should I bow to pressure and retain the "Powered by..."
in the footer even after paying $97.00 or $127 for
a theme or script?

Seems to me that it's just free advertising on my site
or blog that I financed....

What do you think?
#adlink #buying #footer ad #free advertising #links #powered by #required #retain #software #themes
  • Profile picture of the author getsmartt
    It depends on the terms of use you agreed to when you bought the product.
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    • Profile picture of the author John Rogers
      I think you should honor the terms you agreed to when you purchased. If the terms don't require you to leave the live link, get rid of it.
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  • Profile picture of the author Hoodyy
    Just get rid of it anyway
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    • Profile picture of the author getsmartt
      You would actively suggest violating the Terms of Service he agreed to when he purchased the software?

      Originally Posted by Hoodyy View Post

      Just get rid of it anyway
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  • Profile picture of the author Istvan Horvath
    If you are talking about WordPress themes... the "powered by WordPress" is NOT mandatory. Everybody puts it there although it is NOT a requirement!
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    • Profile picture of the author jake411
      Originally Posted by Istvan Horvath View Post

      If you are talking about WordPress themes... the "powered by WordPress" is NOT mandatory. Everybody puts it there although it is NOT a requirement!
      If I BUY a theme or a piece of software, I've given
      them my money....

      What more can they demand?

      Their TOS seems to be just a means to get a "FREE
      AD" on every site I set up....
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      • Profile picture of the author getsmartt
        If you do not agree with the TOS do not buy it. That being said some developers will sell you a license to remove the branding.

        I personally do not include any non-removable branding in my products, but some developers do.

        Again if you do not agree DON'T buy it!

        James

        Originally Posted by jake411 View Post

        If I BUY a theme or a piece of software, I've given
        them my money....

        What more can they demand?

        Their TOS seems to be just a means to get a "FREE
        AD" on every site I set up....
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        • Profile picture of the author jake411
          Originally Posted by getsmartt View Post

          If you do not agree with the TOS do not buy it. That being said some developers will sell you a license to remove the branding.

          I personally do not include any non-removable branding in my products, but some developers do.

          Again if you do not agree DON'T buy it!

          James
          Ok, I won't buy....

          but what about the stuff I''ve
          already bought w/o digging into
          the TOS first?

          Little ol' unsuspecting me never
          thought I'd find such arrogance
          even after they got paid.
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          • Profile picture of the author getsmartt
            Contact the developer, ask if you can remove the link. If not you could ask for a refund and quit using the product.

            Originally Posted by jake411 View Post

            Ok, I won't buy....

            but what about the stuff I''ve
            already bought w/o digging into
            the TOS first?

            Little ol' unsuspecting me never
            thought I'd find such arrogance
            even after they got paid.
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          • Profile picture of the author John Rogers
            Originally Posted by jake411 View Post

            Ok, I won't buy....

            but what about the stuff I''ve
            already bought w/o digging into
            the TOS first?

            Little ol' unsuspecting me never
            thought I'd find such arrogance
            even after they got paid.
            Put the shoe on the other foot. If it's okay for you to arrogantly violate the licensing terms of the products you buy, then you should be completely cool with people who buy your products violating your licensing terms.
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            • Profile picture of the author jake411
              Originally Posted by John Rogers View Post

              Put the shoe on the other foot. If it's okay for you to arrogantly violate the licensing terms of the products you buy, then you should be completely cool with people who buy your products violating your licensing terms.
              John,

              Thanks for your input also....

              I'm not a violator, I'm just getting
              opinions.

              Who was it that said, "laws are made to be
              broken".

              I'm sure everyone who has replied
              to this thread drives at or less than the
              speed limit, always buckles their seat belt,
              never parks in a "No Parking" zone, and
              faithfully pays their full amount of income
              taxes every year.
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  • Profile picture of the author sbucciarel
    Banned
    Depends on the TOS. I buy premium themes that say it can be removed and I remove it and replace it with my company link.
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  • Profile picture of the author Istvan Horvath
    I am still not clear is it about the "powered by WP" or a link pointing to the theme developer's website?

    To be honest... no matter what their TOS is - themes being derivative works of WP, they should be under GPL license, which means you can modify them. Period.
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    • Profile picture of the author jake411
      Originally Posted by Istvan Horvath View Post

      I am still not clear is it about the "powered by WP" or a link pointing to the theme developer's website?

      To be honest... no matter what their TOS is - themes being derivative works of WP, they should be under GPL license, which means you can modify them. Period.
      I don't mind the "Powered by WP".

      It's the free ad seekers that took
      my money and still want their cake.
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    • Profile picture of the author donhx
      Originally Posted by Istvan Horvath View Post

      I am still not clear is it about the "powered by WP" or a link pointing to the theme developer's website?

      To be honest... no matter what their TOS is - themes being derivative works of WP, they should be under GPL license, which means you can modify them. Period.

      Yes. The TOS some template makers use may be in violation of the over-riding WP license.
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  • Profile picture of the author Istvan Horvath
    WordPress › About » License

    You can remove it. Disregard their TOS if it is in contradiction with WP's own license!
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  • Profile picture of the author getsmartt
    Interesting... they refer to Licensing FAQ | drupal.org which is actually a Drupal FAQ, but state that they feel it applies to WP as well. A bit is quoted below.

    7: If I write a module or theme, do I have to license it under the GPL?

    Yes. Drupal modules and themes are a derivative work of Drupal. If you distribute them, you must do so under the terms of the GPL version 2 or later. You are not required to distribute them at all, however. (See question 8 below.)
    However, when distributing your own Drupal-based work, it is important to keep in mind what the GPL applies to. The GPL on code applies to code that interacts with that code, but not to data. That is, Drupal's PHP code is under the GPL, and so all PHP code that interacts with it must also be under the GPL or GPL compatible. Images, JavaScript, and Flash files that PHP sends to the browser are not affected by the GPL because they are data. However, Drupal's JavaScript, including the copy of jQuery that is included with Drupal, is itself under the GPL as well, so any Javascript that interacts with Drupal's JavaScript in the browser must also be under the GPL or a GPL compatible license.
    When distributing your own module or theme, therefore, the GPL applies to any pieces that directly interact with parts of Drupal that are under the GPL. Images and Flash files you create yourself are not affected. However, if you make a new image based off of an image that is provided by Drupal under the GPL, then that image must also be under the GPL.
    If you commit that module or theme to Drupal's CVS repository, however, then all parts of it must be under the GPL version 2 or later, and you must provide the source code. That means the editable form of all files, as described above.
    8: If I write a module or theme, do I have to give it away to everyone?

    No. The GPL requires that if you make a derivative work of Drupal and distribute it to someone else, you must provide that person with the source code under the terms of the GPL so that they may modify and redistribute it under the terms of the GPL as well. However, you are under no obligation to distribute the code to anyone else. If you do not distribute the code but use it only within your organization, then you are not required to distribute it to anyone at all.
    However, if your module is of general use then it is often a good idea to contribute it back to the community anyway. You can get feedback, bug reports, and new feature patches from others who find it useful.

    Does this mean that every WordPress Plugin created must be delivered with open sourcecode and is freely modifiable and redistributable?
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    • Profile picture of the author Istvan Horvath
      Originally Posted by getsmartt View Post

      Does this mean that every WordPress Plugin created must be delivered with open sourcecode and is freely modifiable and redistributable?
      Yes. And they even enforce it for themes and plugins at wp.org
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      • Profile picture of the author sbucciarel
        Banned
        Originally Posted by Istvan Horvath View Post

        Yes. And they even enforce it for themes and plugins at wp.org
        That's interesting and something I did not know. I buy a boatload of developer licensed themes. It would appear that I could use this loophole to take their work, alter it a bit and distribute it without going to that expense.

        I don't. I respect the work that premium theme developers put into their products. I have many awesome themes that I wouldn't have if they hadn't developed those themes.
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      • Profile picture of the author Paul Myers
        Yes. And they even enforce it for themes and plugins at wp.org
        [sigh] I am not a lawyer, but I *can* read.

        That is a condition of distributing the things through WP.org. If you don't distribute them through their directory, it may not apply at all.


        Paul
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        • Profile picture of the author jake411
          Originally Posted by Paul Myers View Post

          [sigh] I am not a lawyer, but I *can* read.

          That is a condition of distributing the things through WP.org. If you don't distribute them through their directory, it may not apply at all.


          Paul
          Paul

          You're right, I agree with you.

          Do I have to stop using a theme or script
          that I've had up for some time on a blog if I find I'm
          losing visitors through the "FREE AD" in the footer?

          Visitors are impressed with what I'm doing with
          the theme/script and click through to buy it.

          I'm not getting paid and the creator doesn't have
          an affiliate program.

          Do I remove the link in the footer?
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          • Profile picture of the author getsmartt
            In this particular case I still stand by my original statement, either abide by the TOS, contact the developer and ask permission, or stop using the Theme.

            The fact that the GPL may apply, would still need to be Proven, before I would violate the TOS.

            Unless it is worth your time and money to get a lawyer, it is much easier to comply or avoid.

            Originally Posted by jake411 View Post

            Paul

            You're right, I agree with you.

            Do I have to stop using a theme or script
            that I've had up for some time on a blog if I find I'm
            losing visitors through the "FREE AD" in the footer?

            Visitors are impressed with what I'm doing with
            the theme/script and click through to buy it.

            I'm not getting paid and the creator doesn't have
            an affiliate program.

            Do I remove the link in the footer?
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    • Profile picture of the author jake411
      Originally Posted by getsmartt View Post

      Interesting... they refer to Licensing FAQ | drupal.org which is actually a Drupal FAQ, but state that they feel it applies to WP as well. A bit is quoted below.




      Does this mean that every WordPress Plugin created must be delivered with open sourcecode and is freely modifiable and redistributable?
      That's a good question....

      Seems to me that GPL means GPL, and a
      person can not claim ownership to a
      contributory theme or software no matter
      what his/her input.
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    • Profile picture of the author Revolves
      Even though the code of a theme might be under GPL, the artwork certainly is NOT. So, the theme developer can always demand in his TOS that you retain a link to his site, as long as you're using his original artwork. If you're only using his GPLed code, then matters would be different.

      It's like how some people want attribution if you want to use their images. It doesn't matter if you use them on a WordPress blog or a Drupal site.

      Regards,
      Revolves
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      • Profile picture of the author getsmartt
        I am not 100% sure about that GPL has a way of "traveling" across components, by using Artwork in a GPL ap you may very well be making your artwork GPL as well...need a lawyer's input

        Originally Posted by Revolves View Post

        Even though the code of a theme might be under GPL, the artwork certainly is NOT. So, the theme developer can always demand in his TOS that you retain a link to his site, as long as you're using his original artwork. If you're only using his GPLed code, then matters would be different.

        It's like how some people want attribution if you want to use their images. It doesn't matter if you use them on a WordPress blog or a Drupal site.

        Regards,
        Revolves
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      • Profile picture of the author jake411
        Originally Posted by Revolves View Post

        Even though the code of a theme might be under GPL, the artwork certainly is NOT. So, the theme developer can always demand in his TOS that you retain a link to his site, as long as you're using his original artwork. If you're only using his GPLed code, then matters would be different.

        It's like how some people want attribution if you want to use their images. It doesn't matter if you use them on a WordPress blog or a Drupal site.

        Regards,
        Revolves
        It's funny but I was just reading yesterday
        how scammers are stealing photos and graphics
        from ebay and posting them on ioffer.com.

        Unsuspecting buyers on ioffer fall for the ruse
        and send their money off to China or
        wherever and get nothing in return, or get a
        fake designer item.

        Seems nothing can be done online to anyone
        that decides to take your work as their own.

        Watermarks that specify only where the work
        may be used, for example: For WF only, by
        Jake411" are one solution.
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      • Profile picture of the author donhx
        Originally Posted by Revolves View Post

        Even though the code of a theme might be under GPL, the artwork certainly is NOT. So, the theme developer can always demand in his TOS that you retain a link to his site, as long as you're using his original artwork. If you're only using his GPLed code, then matters would be different.

        It's like how some people want attribution if you want to use their images. It doesn't matter if you use them on a WordPress blog or a Drupal site.

        Regards,
        Revolves

        Does a TOS really apply? Copyright and licensing law would seem to take precedence over a TOS. If a TOS was relevant, it would be between the vendor and the purchaser, and has nothing to do with people who visited the site. They would have no reason to see a TOS because they are not a party to it. Such ploys are used for advertising/back link purposes and it is questionable that they are rooted in law. Good questions for a lawyer.

        Worse, some will tell you that you must keep their copyright notice (different than license or TOS) in place, and that contains a link to their site and is really just another form of advertising.

        The reality is, you must keep their copyright notice on the code on your server, but it is highly questionable that there could be any legal requirement that you display their notice on the pages of your site. That's the place for your copyright notice, not theirs.
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        • Profile picture of the author jake411
          Originally Posted by donhx View Post

          Does a TOS really apply? Copyright and licensing law would seem to take precedence over a TOS. If a TOS was relevant, it would be between the vendor and the purchaser, and has nothing to do with people who visited the site. They would have no reason to see a TOS because they are not a party to it. Such ploys are used for advertising/back link purposes and it is questionable that they are rooted in law. Good questions for a lawyer.

          Worse, some will tell you that you must keep their copyright notice (different than license or TOS) in place, and that contains a link to their site and is really just another form of advertising.

          The reality is, you must keep their copyright notice on the code on your server, but it is highly questionable that there could be any legal requirement that you display their notice on the pages of your site. That's the place for your copyright notice, not theirs.
          don:

          I agree with you, hence the reason for the thread.

          Most smart customers know a ploy when they see one,
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        • Profile picture of the author CarloD.
          To make customers happy... and myself, I put a stamp in the code, which can not be removed. I'll add my stamp to the frontpage as well (link) but it can be removed.

          This way if someone checks out the code to see what script the person is using, they can get an answer out of the stamp...which should not be tampered with.

          Here is an example from a free exit splash

          /***********************************************
          |A|n|d|y|S|o|w|a|r|d|s|.|c|o|m|
          ------------------------------------------
          * Easy Javascript/PHP Exit Pop up script @ AndySowards.com Developer's Blog (AndySowards.com :: Web Design, Development, Programming)
          * This notice MUST stay intact for legal use
          * Visit Andy Sowards at AndySowards.com :: Web Design, Development, Programming for full source code
          ***********************************************/
          If you can't handle having that on the code side... Learn to build things yourself...
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  • Profile picture of the author Teravel
    There are websites that sell expensive themes for WordPress and Drupal, and some require you to purchase special licenses to use the themes on multiple websites.

    According to WordPress › About » License a person could purchase a single copy of the Wordpress/Drupal theme, and not only use it on as many websites as they want, but they could also sell or give away the theme without recourse.

    You may copy and distribute verbatim copies of the Program’s source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program. You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.
    Seems to me like this is going to hurt WP/Drupal Theme designers... Any thoughts?
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    • Profile picture of the author jake411
      Originally Posted by Teravel View Post

      There are websites that sell expensive themes for WordPress and Drupal, and some require you to purchase special licenses to use the themes on multiple websites.

      According to WordPress › About » License a person could purchase a single copy of the Wordpress/Drupal theme, and not only use it on as many websites as they want, but they could also sell or give away the theme without recourse.



      Seems to me like this is going to hurt WP/Drupal Theme designers... Any thoughts?
      I don't think it will hurt them....

      If they didn't agree they wouldn't
      contribute.
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  • Profile picture of the author Gail Sober
    There is another thread regarding the plugins and I accidently posted there instead of in this thread which is more directly related to the themes.

    Rather than repost...

    http://www.warriorforum.com/main-int...ml#post2990438
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  • Profile picture of the author Paul Myers
    Jake,

    Whether you get paid or not is irrelevant. You bought a product, and it's copyrighted. If the creator of the product doesn't allow you to remove the link, you can't legally do so.

    That doesn't seem especially difficult to understand.


    Paul
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    • Profile picture of the author jake411
      Originally Posted by Paul Myers View Post

      Jake,

      Whether you get paid or not is irrelevant. You bought a product, and it's copyrighted. If the creator of the product doesn't allow you to remove the link, you can't legally do so.

      That doesn't seem especially difficult to understand.


      Paul
      Paul,

      You mentioned you were not a lawyer
      yet you speak of what we can and
      can not do.

      Many legal ploys have been challenged in
      court and have been found to be "uncon-
      stitutional, biased, or downright illegal".

      Nothing is written in stone except the
      Ten Commandments.
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      • Profile picture of the author Paul Myers
        Jake,
        You mentioned you were not a lawyer yet you speak of what we can and can not do.
        Feel free to ignore any comment I make on the subject. When/if the creator of the theme gets your blog nuked for copyright violations, tell your web host about how nothing is written in stone.

        Unlikely? Depends on the creator. Impossible? Hell no.


        Paul
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        • Profile picture of the author jake411
          Originally Posted by Paul Myers View Post

          Jake,Feel free to ignore any comment I make on the subject. When/if the creator of the theme gets your blog nuked for copyright violations, tell your web host about how nothing is written in stone.

          Unlikely? Depends on the creator. Impossible? Hell no.


          Paul
          Paul,

          Again, I agree with you....

          but seriously, how many creators are going
          to risk the "ill will" and the loss of a long term
          paying customer just to arrogantly assert
          their right to a "FREE AD"?
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          • Profile picture of the author Tina Golden
            Originally Posted by jake411 View Post

            Paul,

            Again, I agree with you....

            but seriously, how many creators are going
            to risk the "ill will" and the loss of a long term
            paying customer just to arrogantly assert
            their right to a "FREE AD"?
            Why does this equate to arrogance? If you don't wish to include an ad, then either develop your own theme or hire someone to make one just for you. You will find that those "free ads" are what enables them to offer you the theme for a lot less than getting one hand coded from scratch. That's why it's called "licensing".

            And I think you'll find that most creators will definitely pursue the matter. What good is a "long term paying customer" if said customer isn't willing to follow the rules of the license?

            I don't understand why you are having such a hard time with this. Read the licensing terms before buying. If you're not willing to comply with the terms, then don't buy. It's really not that complicated.

            Tina
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            • Profile picture of the author jake411
              Originally Posted by TMG Enterprises View Post

              Why does this equate to arrogance? If you don't wish to include an ad, then either develop your own theme or hire someone to make one just for you. You will find that those "free ads" are what enables them to offer you the theme for a lot less than getting one hand coded from scratch. That's why it's called "licensing".

              And I think you'll find that most creators will definitely pursue the matter. What good is a "long term paying customer" if said customer isn't willing to follow the rules of the license?

              I don't understand why you are having such a hard time with this. Read the licensing terms before buying. If you're not willing to comply with the terms, then don't buy. It's really not that complicated.

              Tina
              Tina,

              Trust me, I'm not having a hard time....

              Learning is FUN!!!
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          • Profile picture of the author Paul Myers
            Jake,
            Again, I agree with you....

            but seriously, how many creators are going
            to risk the "ill will" and the loss of a long term
            paying customer just to arrogantly assert
            their right to a "FREE AD"?
            It's not a "free ad." It's part of the cost, which reduces your cash expense by helping them sell more of their product.

            I'd have to re-read the GPL yet again to see if you can freely remove such notices in themes covered by it. In commercial themes, it's not necessary. If it doesn't specifically state that you can remove it, you can't without getting permission.


            Paul
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            • Profile picture of the author jake411
              Originally Posted by Paul Myers View Post

              Jake,It's not a "free ad." It's part of the cost, which reduces your cash expense by helping them sell more of their product.

              I'd have to re-read the GPL yet again to see if you can freely remove such notices in themes covered by it. In commercial themes, it's not necessary. If it doesn't specifically state that you can remove it, you can't without getting permission.


              Paul
              Thanks Paul!

              Like I said above:
              "I'm sure everyone who has replied
              to this thread drives at or less than the
              speed limit, always buckles their seat belt,
              never parks in a "No Parking" zone, and
              faithfully pays their full amount of income
              taxes every year."
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              • Profile picture of the author sanssecret
                Originally Posted by jake411 View Post

                Paul,

                but seriously, how many creators are going
                to risk the "ill will" and the loss of a long term
                paying customer just to arrogantly assert
                their right to a "FREE AD"?
                Do you not see how ^^^

                contradicts                 vvvv

                Originally Posted by jake411 View Post

                Dan,

                The ads are not that tiny....

                I'm losing visitors through the "FREE AD" in the footer?

                Visitors are impressed with what I'm doing with
                the theme/script and click through to buy it.

                I'm not getting paid and the creator doesn't have
                an affiliate program.

                Do I remove the link in the footer?
                Just as an aside, have you actually asked the theme designer? Is there anything in the documentation that came with the theme?

                The themes I use allow for removal of links, but they also have an affiliate programme so there's an incentive to swap it for an affiliate link (if appropriate) rather than just remove it altogether.

                I grant you it can be confusing. I always thought with the free themes they had to remain intact as a condition of you using the theme. I appreciate those of you saying this isn't the case, but I have once tried to remove the link from a particular theme and ended up with a theme that just appeared to shut down lol. So, rightly or wrongly, some designers do make them mandatory.

                I'm guessing for themes sold en masse, the links are a good way of attracting new customers / building backlinks, which, in turn, should help to keep costs down.

                If you really don't want them, then you're left with the option of coding a theme yourself, or hiring someone and specifically stating in the contract you want a theme with no links/references to anyone/anything other than what you deem appropriate. And I'm guessing that would be pretty expensive.
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                • Profile picture of the author jake411
                  Originally Posted by sanssecret View Post

                  Do you not see how ^^^

                  contradicts                   vvvv



                  Just as an aside, have you actually asked the theme designer? Is there anything in the documentation that came with the theme?

                  The themes I use allow for removal of links, but they also have an affiliate programme so there's an incentive to swap it for an affiliate link (if appropriate) rather than just remove it altogether.

                  I grant you it can be confusing. I always thought with the free themes they had to remain intact as a condition of you using the theme. I appreciate those of you saying this isn't the case, but I have once tried to remove the link from a particular theme and ended up with a theme that just appeared to shut down lol. So, rightly or wrongly, some designers do make them mandatory.

                  I'm guessing for themes sold en masse, the links are a good way of attracting new customers / building backlinks, which, in turn, should help to keep costs down.

                  If you really don't want them, then you're left with the option of coding a theme yourself, or hiring someone and specifically stating in the contract you want a theme with no links/references to anyone/anything other than what you deem appropriate. And I'm guessing that would be pretty expensive.
                  Thanks for your input...

                  I'm in the process of negotiating with
                  creators/designers.
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          • Profile picture of the author CarloD.
            Originally Posted by jake411 View Post

            Paul,

            Again, I agree with you....

            but seriously, how many creators are going
            to risk the "ill will" and the loss of a long term
            paying customer just to arrogantly assert
            their right to a "FREE AD"?

            ...it seems like you are trying to get someone to agree with you..it's not an ad.

            What's so hard in understanding this... I own product, and state that "this" link must stay in the footer in order to use my product.

            Why is it arrogant?
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            • Profile picture of the author jake411
              Originally Posted by CarloD. View Post

              ...it seems like you are trying to get someone to agree with you..it's not an ad.

              What's so hard in understanding this... I own product, and state that "this" link must stay in the footer in order to use my product.

              Why is it arrogant?
              I'm back....
              had to take a potty break and grab a bite
              to eat.

              So If I'm losing visitors through a link that's not mine
              but is on my site, I have to bite the bullet, bend
              over, and take it like a man...

              That's the bare knuckle facts, the Great IM god
              hath spoken.
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              • Profile picture of the author Paul Myers
                Jake,
                So If I'm losing visitors through a link that's not mine but is on my site, I have to bite the bullet, bend over, and take it like a man...
                No, you have a choice. Several, in fact. Violate the copyright, get permission from the creator to remove the link (possibly paying for that permission), use a different theme, juggle cats... Etc.

                No-one is forcing you to use any one specific theme, so please stop acting like your rights are being infringed.


                Paul
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                Stop by Paul's Pub - my little hangout on Facebook.

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                • Profile picture of the author jake411
                  Originally Posted by Paul Myers View Post

                  Jake,No, you have a choice. Several, in fact. Violate the copyright, get permission from the creator to remove the link (possibly paying for that permission), use a different theme, juggle cats... Etc.

                  No-one is forcing you to use any one specific theme, so please stop acting like your rights are being infringed.


                  Paul
                  Thanks again, Paul...

                  Please allow me to play the
                  Devils Advocate just this once...

                  We are all learning and
                  benefiting.

                  By the way, I bought one of your ebooks
                  so long ago I don't even remember what year
                  it was.

                  I was on one of your email lists but, down
                  through the years my email has changed.
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                  • Profile picture of the author Paul Myers
                    Jake,
                    Please allow me to play the Devils Advocate just this once...
                    No-one is stopping you. The comment to which I replied didn't resemble that approach, though. Playing the Devil's advocate suggests that you're arguing in favor of a position you don't hold, in order to better illustrate the perspectives available.

                    You didn't argue for any position in that post. You just snarked. That's fine, but it's not the same thing.


                    Paul
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  • Profile picture of the author Istvan Horvath
    I can read, too...

    And it means
    - copyright
    - licensing (open source vs. proprietary code)
    - free (=unpaid) vs. paid
    - backlinking (=requiring a visible link)

    are all different issues and not necessarily related.

    Unfortunately, in almost all the discussions similar to this... they get mixed up.
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  • Profile picture of the author myrnasy
    Originally Posted by jake411 View Post

    Should I bow to pressure and retain the "Powered by..."
    in the footer even after paying $97.00 or $127 for
    a theme or script?

    Seems to me that it's just free advertising on my site
    or blog that I financed....

    What do you think?

    For me, I would let the the contrator take away the extra link which is out of his task. I paid only for the service, not for a free advertising. It's my business anyway that is taken into consideration, not his/hers.

    But if you really are a kind person, you can retain the adlink and pay directly to the contractor.
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    • Profile picture of the author jake411
      Originally Posted by myrnasy View Post

      For me, I would let the the contrator take away the extra link which is out of his task. I paid only for the service, not for a free advertising. It's my business anyway that is taken into consideration, not his/hers.

      But if you really are a kind person, you can retain the adlink and pay directly to the contractor.
      myrnasy,

      thanks for your input....

      your answer however was discussed up above in
      a prior post.
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  • Profile picture of the author Dan C. Rinnert
    Originally Posted by jake411 View Post

    Should I bow to pressure and retain the "Powered by..."
    in the footer even after paying $97.00 or $127 for
    a theme or script?

    Seems to me that it's just free advertising on my site
    or blog that I financed....
    You paid for a license to use the footer or the script. If the terms of the license say you have to leave the "Powered by..." in, then you need to leave it in or cease using the product you licensed.

    If you don't want their link on your site, pay someone to develop a theme or script for you, for which you will own the rights.

    If you want to question the legality of whether or not they can require you to keep the link, fine. But, consider how much it will cost you in the event your site is shut down when the theme/script creator DMCA's your host. Consider how much it will cost you if a lawsuit becomes necessary. Consider how much more it will cost you if you lose said lawsuit. Is all that risk worth it?

    Usually, the "powered by..." notices are tiny things buried at the bottom of the page that few people will even look at. Is it even worth worrying about?
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    • Profile picture of the author jake411
      Originally Posted by Dan C. Rinnert View Post

      You paid for a license to use the footer or the script. If the terms of the license say you have to leave the "Powered by..." in, then you need to leave it in or cease using the product you licensed.

      If you don't want their link on your site, pay someone to develop a theme or script for you, for which you will own the rights.

      If you want to question the legality of whether or not they can require you to keep the link, fine. But, consider how much it will cost you in the event your site is shut down when the theme/script creator DMCA's your host. Consider how much it will cost you if a lawsuit becomes necessary. Consider how much more it will cost you if you lose said lawsuit. Is all that risk worth it?

      Usually, the "powered by..." notices are tiny things buried at the bottom of the page that few people will even look at. Is it even worth worrying about?
      Dan,

      The ads are not that tiny....

      I'm losing visitors through the "FREE AD" in the footer?

      Visitors are impressed with what I'm doing with
      the theme/script and click through to buy it.

      I'm not getting paid and the creator doesn't have
      an affiliate program.

      Do I remove the link in the footer?
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      • Profile picture of the author Dan C. Rinnert
        Originally Posted by jake411 View Post

        I'm not getting paid and the creator doesn't have
        an affiliate program.
        How much would it have cost you to have a theme or script developed?

        Odds are, the creator is saving you money.

        If not, then pay someone to develop a theme or script for you, and you needn't worry about a footer link.
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        • Profile picture of the author jake411
          Originally Posted by Dan C. Rinnert View Post

          How much would it have cost you to have a theme or script developed?

          Odds are, the creator is saving you money.

          If not, then pay someone to develop a theme or script for you, and you needn't worry about a footer link.
          dan,

          Thanks for your input.....

          Do you know any reasonably
          priced theme developers?

          Can you recommend anyone?
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          • Profile picture of the author Dan C. Rinnert
            Originally Posted by jake411 View Post

            Do you know any reasonably
            priced theme developers?

            Can you recommend anyone?
            I personally haven't used any, but I know people have had luck finding good ones here, in either the WSO or Warriors for Hire sections.
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            • Profile picture of the author jake411
              Originally Posted by Dan C. Rinnert View Post

              I personally haven't used any, but I know people have had luck finding good ones here, in either the WSO or Warriors for Hire sections.
              Thanks for the info
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  • Profile picture of the author flowers4love
    In my opinion if the "powered by ..." link bothers you then, unless you have signed a commitment to leave it untouched, just delete it. However, in certain cases, it has marketing value to leave the link. For example, if the designer is an expensive trademark, which adds value to your website, then you should reconsider leaving it. For example if you wear Levis jeans with the tag attached then it makes them look more classy.
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    You can use the coupon code "flowers4love" and receive a discount for any item from our 1000's items.
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    • Profile picture of the author getsmartt
      It does not require a "signed commitment", if you bought and used the template, theme, software or whatever, you agreed to their TOS, if the TOS requires the link, you must leave it there.

      Originally Posted by flowers4love View Post

      In my opinion if the "powered by ..." link bothers you then, unless you have signed a commitment to leave it untouched, just delete it. However, in certain cases, it has marketing value to leave the link. For example, if the designer is an expensive trademark, which adds value to your website, then you should reconsider leaving it. For example if you wear Levis jeans with the tag attached then it makes them look more classy.
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  • Profile picture of the author Johnny Slater
    jake, when you buy a theme you do not "own" that theme. The creator still owns it and has complete control over what you can do with it.

    When you buy a theme you are buying a "license" to use that theme for your personal use. You are bound by the TOS of the seller because even though you paid for the right to use it the creator still owns and controls it and all use of it.

    Paying for the right to use something is not the same as buying all rights to a product. When you buy a copy of Windows from Microsoft you do not own the software, you only own a license to use it on your computer.
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  • Profile picture of the author diro
    Hey Jake,

    The "ad" your wanting to get rid of, to me, is not much different than a manufacturer's nameplate being on your car. A lot of dealers try to piggyback on that by putting their nameplate on the car also (usually on the trunk or back license plate holder...the automotive equivalent to the footer of a theme/blog).

    If you don't want it there, buy a theme that allows you to remove it. But, just like the car example...does it really matter?
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    • Profile picture of the author Mike Anthony
      its simply a matter of contacting the designer. Most premium thames have a paid option to be able to remove lreferences to the designer. A number of them do repeat business with developers that can't really leave the link in place.
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