Posted by GPS Digital Med... on May 7, 2012 at 10:46am
In a recent business partnership separation with another company, we received the "source code" for 30 websites that we developed with the other partner. All of the themes that were developed for these clients were based on Marinelli, however were modified according to specs that the clients agreed to in the design phase of the project. The language of the contract was vague other than to state we received "Source Code" of these sites and we were wondering if the final themes were included in that under the GPL? Can we use them and modify them for other purposes as to not be exact matches, but extended works? Thanks.
Comments
Legal review
As a general rule, the PHP parts of a Drupal theme (which includes template files) are covered by the GPL. However, it sounds like you really need to consult a GPL-friendly attorney in your area to answer this question, as it's primarily a contract dispute, or would turn into one. "Contrace was vague" is a warning sign, regardless of the licensing terms. :-)
Thanks
Yeah, I think what your saying is that if it's vague then it is likely something that would be difficult to prove in either direction. So if I wanted to prove I owned the rights to use the themes or likeness of them or if the old partner wants to make a case there is no ownership then the ability to find that answer would be long and costly... I just was wondering if there was a general rule that stated how the license was applied when not otherwise specifically addressed in a contract or agreement. Sounds like there isn't...:) Thanks.