Can I resell a WP (Genesis framework) blog I purchased?

Dano1981

14 years ago

Anyone know the answer ?

Thank you again...

Danni~

Thanks

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hassan001

14 years ago

If you ave purchased so as you can sell... Isn't that simple????

You paid the price for what you have so there is no problem at all in selling this... Also let me tell you that once you have purchased a theme there is no law that abide you to use it once.

So you are free to sale the website with premium themes..... Alot of people do it on WF, Flippa, DP forums and many other sites....

An advice.... Keep the theme with you to use it again if you plan to

All the best.....

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Steven Dybka 14 years ago

I buy all my themes from StudioPress and their themes are released under a GPL license so you can do what you want with them.I also looked through the StudioPress forum for your similar situation and found a thread in there,

(Question)"Am I within my rights to build websites using Studio Press themes and sell them?

If not, what else do I need to buy to be able to sell the websites I create using Studio Press Themes?

Please advise... because I am about to sell a theme and I want/need to be in compliance with Studio Press."

and the answer from StudioPress

(Answer)"You can sell the website but the new owner will not have access to the support here at StudioPress unless they purchase a license for the theme."

Steve
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Dano1981 14 years ago

Thank you hasan,

Appreciate the time you took for your answer...

BUT - I have concern with your take on the issue (if I may...)

You might be right, in that if I purchased the site - I may be able to "resell"
it, without a developers license...

BUT - if I assume purchasing it gives me creative "license" (to coin a phrase) to then "keep' the basic theme and rebuild over and over, and sell
sites based on the premise that I "purchased a blog built on it" it allows me to circumvent the purchase of a developers license - I believe
would find myself "served" and I don't mean at Denny's!

It's Blackhat at best

But as far as a simple resale of the original site?

You seem to believe that is "OK" anyone else have the "skinny" on
this point?

Thank you so much (and for your feedback back as well hasan!)

Danni~
- Thanks
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WillR

12 years ago

Originally Posted by hassan001

You paid the price for what you have so there is no problem at all in selling this... Also let me tell you that once you have purchased a theme there is no law that abide you to use it once.

What?! Purchasing something doesn't automatically mean you can go and resell it.

Thanks

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onSubie

14 years ago

Hi

You would have to read the GPL license, but in general GPL license rights are transferable so you would have the same GPL rights.

As the information from the Genesis forum suggests, without a 'Genesis' license you don't have access to their support.

Under the GPL license, you are probably fine even to copy the theme from your host to your hard drive and continue to use it. But even if you are that is more an individual ethical decision.

Mahlon

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thekaver

14 years ago

If you build a website then want to sell it you can transfer it with that theme!

Same thing if you building a website for a client you can build it and use that theme!

I dont think if you were selling just the "theme" it would be okay as this is just taking business out there pocket!

thanks

thekaver

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Kezz

14 years ago

There are two aspects to this.

The first is the license itself. StudioPress does use a GPL license, but you would also have to consider whether the other graphics used in the theme are under the same license.

They may have been added by the person who sold the site to you and hence not under the same license. Also, I'm not sure the StudioPress covers its own graphics under the GPL, or just the code.

If everything in the theme is actually GPL, then yes you are technically allowed to resell it repeatedly.

But the second aspect is how you feel about it ethically.

Some theme developers put their theme out under the GPL license very much in the spirit of the GPL. The idea of the GPL is to foster a creative environment where coders can freely collaborate and build on each others work and ideas.

The idea of the GPL is not so much to enable reselling. It's something of an "honor system" right now.

So to be honest, even though you may legally be able to resell StudioPress' work repeatedly, it's kind of like accepting a gift from a friend and then selling it on Ebay.

My suggestion to you would be to just go ahead and buy a license to the framework from StudioPress.

They only charge $79.95 and then you know for a fact you can do what you want, and you also know you have given something back to the people who made your blog sales possible.

If you can't afford it right now, why not just sell the first blog to make the money required, then pay for your own license out of that.

Just because you can legally do something, doesn't necessarily mean it's the right thing to do.

So if you get your own license, you'll know your safe both legally and with sleeping well at night.

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Dano1981

14 years ago

Thank you very much...

I appreciate the help subie, divka, kaver ad keez

I tried to point out that although I did buy the blog, I did not directly
purchase it from Studiopress

Studiopress > Theme/developer purchased by "blog builder" > Me (I purchased from builder)

I'm actually very surprised - the take away is that I can not only sell it, but I can use the basic theme to build other sites, and sell them.

I think I would absolutely want to buy a developers license the very
moment I could afford to. I would feel "criminal" if I didn't...

I admit though, even though "ethically" it isn't Kosher, it just seems
wrong. But you guys certainly know more about this than I...

Danni~

Thanks
1 reply

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Dano1981

14 years ago

Keezz

thank you for such a detailed and lengthy explanation.

If I may ask - setting aside the question about whether or not I can "resell"
the blog (it seems that is not an issue), but instead to use the "theme"
itself, the basic theme, build a site on it - it sounds like I may be able to
do this for a couple of sales, and then buy a developers license....

So, as long as it is not truley "illegal" that would help me to have the funds
to buy the developers license...

What I worry about is what to tell a buyer, should they ask me about this very point?

Do you happen to know? or is this not a question I should anticipate at this juncture?

Thanks again

Danni~

Thanks
2 replies

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Tony Marriott

14 years ago

Originally Posted by Dano1981

..............

What I worry about is what to tell a buyer, should they ask me about this very point?

Do you happen to know? or is this not a question I should anticipate at this juncture?

Thanks again

Danni~

If you have concerns about what a buyer might ask then clearly you are not 100% comfortable with what you are doing. This is usually a good indicator that it is wrong. Trust your insticts!

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Kezz

14 years ago

Originally Posted by Dano1981

Keezz

thank you for such a detailed and lengthy explanation.

If I may ask - setting aside the question about whether or not I can "resell"
the blog (it seems that is not an issue), but instead to use the "theme"
itself, the basic theme, build a site on it - it sounds like I may be able to
do this for a couple of sales, and then buy a developers license....

So, as long as it is not truley "illegal" that would help me to have the funds
to buy the developers license...

What I worry about is what to tell a buyer, should they ask me about this very point?

Do you happen to know? or is this not a question I should anticipate at this juncture?

Thanks again

Danni~

Regarding what to tell a buyer, I would just go with the truth.

onSubie has most helpfully investigated and found that StudioPress does in fact have its whole theme under the GPL license.

However remember that doesn't necessarily apply to any custom design the site seller may have added, so you would have to speak to them to confirm. When someone adds a proprietary element to something that is GPL, the proprietary element does not automatically become GPL too.

So, after doing that if you do establish the whole theme is under GPL and your buyers ask you about licensing, just tell them the truth.

That the theme is under the GPL license which grants you rights to freedom, but that you will shortly be buying a StudioPress license / membership nonetheless to give something back to the people whose hard work made your site sales possible.

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Dano1981 14 years ago

Thanks you tony - I appreciate your angle - as mine is similar - but I may feel OK based on the other posts! ( )

Hassan - I think you may have been correct afterall - albiet not withstandng inheret "guilt!"

Subie - thank you so much for your expanded explanation and research - I appreciate it so very very much - that was more than I could have expected You really put expounded with detail that is hard to deny

mr domains - yes - I will include it with the sale (thanks for pointing that out!)

Keezz - thanks for extra clarification - I wil buy once I can, I feel I should give back

Danni~
- Thanks
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hassan001

14 years ago

Thank you hasan,

Appreciate the time you took for your answer...

BUT - I have concern with your take on the issue (if I may...)

You might be right, in that if I purchased the site - I may be able to "resell"
it, without a developers license...

BUT - if I assume purchasing it gives me creative "license" (to coin a phrase) to then "keep' the basic theme and rebuild over and over, and sell
sites based on the premise that I "purchased a blog built on it" it allows me to circumvent the purchase of a developers license - I believe
would find myself "served" and I don't mean at Denny's!

It's Blackhat at best

But as far as a simple resale of the original site?

You seem to believe that is "OK" anyone else have the "skinny" on
this point?

Thank you so much (and for your feedback back as well hasan!)

Danni~

Well Danni there are 2 different things like selling a same site to 2 persons and selling the site you have purchased to single person....

The theme you have paid for is for multiple use absolutely.... That "developer licence" you are referring to is for scripts only... As you know also that wordpress is open source so a plugin can lie under this licence but theme can never due to 2 reasons....

They are not selling you the unique layout as many people are buying the same theme from them and they have same blog layout.....

As they offer you their self a member area for a specified time which you can access anytime and download for any of your blog/site needs so they are not limiting you their self to use the theme

I hope the concept comes handy to you now

A quick suggestion (wasting money on buying theme developer licence is never wise for 2 reasons:

1. I never have seen a developer licence yet for any theme

2. Under GPL licence it clearly states that you are free to edit/modify this theme however they may have restrictions to distribution for free....)

All the best

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onSubie

14 years ago

Hi

StudiPress provides very clear guidelines on what you can do with their themes.

Basically you can do anything you want but if you want access to their support and forums you have to buy a license.

Frequently Asked Questions for StudioPress Theme (FAQ's)

The full FAQ is at the link. I have edited relevant sections below.
I did not remove anything material. (emphasis mine)

Are there any restrictions to your themes?

... In other words, we do not restrict use to a specific number of sites or a specific period of time in which they can be used.

Can I use the themes for work that I do for clients?

Yes, you may – Support will only be given to the user who purchases the theme or All-Themes package, which means the buyer will be responsible for supporting the themes for their client. If a clients wants direct support for the theme(s), they will need to purchase the appropriate theme/support package(s).

Can I sell websites using your themes?

Absolutely, ... We do not restrict the use of our themes with turnkey sites, and certainly can’t forbid you from selling a site of your own that you built using one of our themes.

Am I able to modify the themes in any way?

Our themes were created for development – ... images, colors, fonts, layouts and anything else related to the design of the themes can be changed or modified. In addition, the copyright notice in the theme’s footer can be edited or removed.

What kind of license do your themes have?

The CSS, XHTML PHP, design and any other elements of the StudioPress themes are released under the GPL license and are in total compliance to standards set forth by the authors of that license as well as with WordPress. Theme support will only be given to those who purchase a theme package.

This is the link they provide for the GPL that applies.

GNU General Public License, version 3 (GPL-3.0) | Open Source Initiative

This is from the GPL License linked by StudioPress:

9. Acceptance Not Required for Having Copies.

You are not required to accept this License in order to receive or run a copy of the Program. Ancillary propagation of a covered work occurring solely as a consequence of using peer-to-peer transmission to receive a copy likewise does not require acceptance. However, nothing other than this License grants you permission to propagate or modify any covered work. These actions infringe copyright if you do not accept this License. Therefore, by modifying or propagating a covered work, you indicate your acceptance of this License to do so.

10. Automatic Licensing of Downstream Recipients.

Each time you convey a covered work, the recipient automatically receives a license from the original licensors, to run, modify and propagate that work, subject to this License. You are not responsible for enforcing compliance by third parties with this License.

This is all pretty standard for works under GPL. It may "feel" unethical, but that is because we are used to the corporate mentality of locking down anything they can 'own' and monetizing it. The GPL mentality is share freely, charge for added services and support and hope the majority don't take advantage.

Peace

Mahlon

Edit: Some plugin and theme makers lock their tools from being copied by using server authentication or other lock/unlock methods. That is actually a violation of the GPL they are required to follow if their tool needs WP to run. They have no legal recourse against people who modify the product to circumvent the authentication. Again, an ethical issue not a legal issue.

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mrdomains 14 years ago

Most has been said. Feel free to work with it.

Just remember that you must include the GPL license with the theme/site if you re-distribute it.
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Tim Franklin

12 years ago

I came across this thread while researching this very question, I do have a developer license, (I don't think they even sell it anymore) Now they sell a Pro Plus Package.

I think that selling a website developed by someone who did purchase the theme, would or should allow you to sell or otherwise dispose of the property you purchased.

However, I do not think that this would in any way transfer rights to sell the theme to others even if you developed it, I have also asked this question in the past and the answer was much the same as someone who purchased the product I can distribute it, however it is something that you might want to clarify with the actual product owner.

They are selling the Genesis theme for $79 or some thing close to that, I would say that unless you are a customer that distributing the theme would not be correct.

If you not sure of how to handle the situation you can always email them they will answer.

Thanks

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Kiril S

12 years ago

Yes you can.

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Teravel

12 years ago

From Wordpress

The license under which the WordPress software is released is the GPLv2 (or later) from the Free Software Foundation. A copy of the license is included with every copy of WordPress, but you can also read the text of the license here. Part of this license outlines requirements for derivative works, such as plugins or themes. Derivatives of WordPress code inherit the GPL license. Drupal, which has the same GPL license as WordPress, has an excellent page on licensing as it applies to themes and modules (their word for plugins).

From Drupal (Licensing as it applis to themes and modules)

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 a Drupal Git 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.

The theme itself is covered under the GNU, though none of the graphics that accompany the theme are.

What you SHOULD do is go to the Theme Owners website and contact them. Let them know you purchased your website, which included their theme, and ask if it's alright to sell the website with the theme still installed.

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leoj888

12 years ago

contact them directly to make sure if you can resell or not,this will make the things clear

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joe ferdinando 12 years ago

I myself contacted and asked StudioPress about reselling their themes with the Genesis Framework. I was told that anyone can buy the Genesis framework and them and we can resell to clients but clients have to buy a license to get StudioPress support and if not then they will only get support from me with a StudioPress license. I was also told that the client can not go around and just sell the framework that they need their own license prior to selling for themselves!

The point being buy a license and sell. If the end user wants to sell then they need a license to!

All this can be done under GPL for the child theme alone but the Framework is what needs to be licensed!

You can create and distribute as many child thems as you like without the framework!
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Can I resell a WP (Genesis framework) blog I purchased?

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