Deleted member 752298 Legality

  • Thread starter Thread starter Deleted member 1622952
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Would be up to each person if they actually fall through with buying it right :) ?
I agree with what was said before that some pricing models are just completely out of scope. For example, you try your luck with some SEO, AI content or whatever and you have some 100 blogs and you "need" a plugin to secure the site or to run backups etc. You would end up paying some $49 * 100 per month which just wouldn't make sense. So what options do you have? Someone can say that you shouldn't use a plugin that you can't afford. But that doesn't make your life easier and Festinger is just one click away. So things happen...
 
IF it would be found illegal in a court, the "problem" would have been solved by now. This type of sharing has been going on well over 10 years now.
Is music/movie sharing solved by now? And the business model of Festinger is not per se illegal and the majority of plugins might even be officially released under GPL. It's important to point that out. But the plugins/themes not released under GPL (the right to choose the license lies with the developer!) are the problem. Are you certain that YITH releases their paid plugins under GPL and thus approve of free sharing? They are available on Festinger.

UPDATE: I checked one plugin from YITH and it contains GPLv3. So it would not be a problem in this specific case if they really distributed it with that license. But it's only one sample, I am not sure if it applies for all their plugins.
 
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But the plugins/themes not released under GPL (the right to choose the license lies with the developer!) are the problem.
As far as I read the GPL for using the WordPress framework only plugins and themes that are used internaly and not offered to the public is not bound by the WordPress GPL license for using the WordPress framework that everyone developing for the WordPress framework must comply with according to WordPress..
 
I agree with what was said before that some pricing models are just completely out of scope. For example, you try your luck with some SEO, AI content or whatever and you have some 100 blogs and you "need" a plugin to secure the site or to run backups etc. You would end up paying some $49 * 100 per month which just wouldn't make sense. So what options do you have? Someone can say that you shouldn't use a plugin that you can't afford. But that doesn't make your life easier and Festinger is just one click away. So things happen...
right, it's still always an option to use festy's vault entirely too.
I know plenty of people who does this too.
 
I think this could probably be dangerous, there are thousands of plugins and themes, I don't think we can generalize and say that they can all be sold freely.

I don't know where he lives, but if I were him I would simply live like a king in countries that don't care about this kind of possible infringement. Why go to the United States to pay USD 4K in rent and get arrested for this kind of inconvenience if you can rent a mansion in Thailand without worrying about such nonsense?
 
As far as I read the GPL for using the WordPress framework only plugins and themes that are used internaly and not offered to the public is not bound by the WordPress GPL license for using the WordPress framework that everyone developing for the WordPress framework must comply with according to WordPress..
Ideally it would be like that, but keep in mind that the GPL license is not a law. The developer can choose not to publish under GPL, and if Wordpress does not like it, then they can delist the plugin on their website. If the developer included code in his plugin which was distributed under GPL (for example by Wordpress Foundation), then the original creator/rights holder might have a claim against the developer IF conditions are met and this constitutes a violation of the license in any way. Still it is too risky for the end user to derive a right from this to be allowed to violate the copy rights of the plugin developer. And another important aspect is that calling a WP function like "add_action()" does not automatically turn the plugin into a derived work which might have to adapt or follow a certain license. So, while it would be ideal in the eyes of Wordpress if all plugins and themes were publicly published under GPL, it does mean that all will be published in that way and it does not allow the end user to conclude that plugin/theme is actually published under GPL. When I give you a plugin and you find a license.txt with GPLv3 in there, how do you know that I did not just place it there? If you would then use the plugin in good faith, you would still be liable towards the rights holder while you would also have a claim against me (but I might be gone already or might not have any funds to satisfy your claim/damages).
 
Ideally it would be like that, but keep in mind that the GPL license is not a law. The developer can choose not to publish under GPL, and if Wordpress does not like it, then they can delist the plugin on their website. If the developer included code in his plugin which was distributed under GPL (for example by Wordpress Foundation), then the original creator/rights holder might have a claim against the developer IF conditions are met and this constitutes a violation of the license in any way. Still it is too risky for the end user to derive a right from this to be allowed to violate the copy rights of the plugin developer. And another important aspect is that calling a WP function like "add_action()" does not automatically turn the plugin into a derived work which might have to adapt or follow a certain license. So, while it would be ideal in the eyes of Wordpress if all plugins and themes were publicly published under GPL, it does mean that all will be published in that way and it does not allow the end user to conclude that plugin/theme is actually published under GPL. When I give you a plugin and you find a license.txt with GPLv3 in there, how do you know that I did not just place it there? If you would then use the plugin in good faith, you would still be liable towards the rights holder while you would also have a claim against me (but I might be gone already or might not have any funds to satisfy your claim/damages).
Since we both have very different opinions on this and non of us are lawyers there is way to many "if´s" in this discussion to ever get any further to solve the issue. I´m out of this discussion for now.
 
Since we both have very different opinions on this and non of us are lawyers there is way to many "if´s" in this discussion to ever get any further to solve the issue. I´m out of this discussion for now.
Important difference: I don't share my opinion, but my view and I wouldn't share my view if I wasn't a lawyer. Take it how you want or leave it.
 
I should have used you as my lawyer then before, the one I used was also having a view of my case and lost badly. That should say it all about lawyers views.
For a moment I really thought that you are interested to discuss this topic and that you really believed that your personal feeling about this topic is stronger than any legal aspect. But sadly it seems that $20 per month for a place on your linklist is your price to spread biased and flawed opinions trying to prevent any exchange of information in regard to the topic and the initial question. What a waste of time. And yes, even the best lawyer can lose a hopeless case as well as the best doctor might not be able to heal every patient from cancer. As long as you paid him and did not automatically expect him to work under GPL, there is nothing wrong about that.
 
But sadly it seems that $20 per month for a place on your linklist is your price to spread biased and flawed opinions trying to prevent any exchange of information in regard to the topic and the initial question.
My link list is funny money and has nothing to do with my opinion in this case, I´m not the sad one that draw the I´m a lawyer and I knows best card. As long as you have not tried the subject in court it is still only your opinion. Get of your high horse you are just one laywer of 1.3 million with different opinions in the US.
 
Why does it even matter? IMO if a business is doing well, that means he's not crossing boundaries. No?

As for an answer, GPL is your way. This license allows him to basically do that he does.

W/e, we shouldn't pry into someone else's business if it doesn't affect us negatively.
 
If they are gpl, its perfectly fine to do it and honestly its not unethical either. They decided to go that way and they knew what the licensing rules are like. Plus i honestly think that charging monthly for a piece of shit plugin is ridiculous in 9/10 cases, you are literally calling for it to happen.

I dont use these nulled plugins, and im all for supporting the developers, but i can understand why people seek other options because these plugin devs have just gotten worse, yet they also have gotten greedier.
 
So mostly covered by GPL but many themes and plugins do not have the license and are nulled and added but these creators do not have an office full of lawyers and festinger does not show any company behind it, so civil case against who?

And for criminal case it's just too difficult, look at movie streaming platforms, there are billion $ companies behind it who actually have multiple story offices full of lawyers and they can't take those sites down.

In conclusion it's illegal but since the illegality is just a small part of the business and he hides very well, he gets away with it.
 
Important difference: I don't share my opinion, but my view and I wouldn't share my view if I wasn't a lawyer. Take it how you want or leave it.
LOL wow I'm flabbergasted! Really!
I've followed the thread and all the way I read your comments I thought that you had absolutely NO CLUE of what you were talking about. Exactly, like most people indeed. Moreover, I thought you were sounding a bit ridiculous and funny climbing to the defense of developers publishing their work under GPLs. Seriously, I wonder if ever you've even READ the f.... LICENSE (which is nothing else but, a CONTRACT between two parties isn't it Mr lawyer?).
Well, you're in luck you're not alone and what I believe is it's simply because such license carrying SUCH FREEDOM is inconceivable for most people, let alone a 'lawyer'.
And, that even goes without mentioning the developers themselves. The latter tend to BELIEVE that sites in the like of the one in question here, are violating the terms of the license, which they are violating and abusing themselves for most of them.
 
How do you differentiate between nulled and non-nulled themes? The same is available on some third parties as nulled, but how do I ensure that the one being sold on Festinger is not nulled?
 
I've just seen some post by a banned member (reeasaki something like that was his name), and @Heiko said he got sued by woocommerce and some other company, but how's that possible when everything built on wordpress is gpl?
 
I've just seen some post by a banned member (reeasaki something like that was his name), and @Heiko said he got sued by woocommerce and some other company, but how's that possible when everything built on wordpress is gpl?
That is a good question indeed and so it would have been interesting to know EXACTLY about the accusation which Martin Deleted member 752298 chose not to reveal to full truth to its CLIENTS base. Why? I wonder. After all, it's not a criminal case under a restriction of court order, it's a civil/commercial case and it's PUBLIC and thus there's no such thing as "I cannot give the details before the audience" that exists, so anyone can access this info anyway, though we had absolutely ZERO detail and could not even find the public records online. In such cases there's no secrets for no reason to hide whatever, unless there was something the directly concerned one want to hide.

Unless otherwise specified, this is the only conclusions we can come out with for now.
 
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