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GPL Isn’t Protecting You

The GPL is about freedom to take your code and make it mine. That doesn’t mean you’re unprotected, it just means you need to protect yourself.

Some days I know my plugin reviews are going to wreck me. January has had a lot of complaints from people about aspects of the GPL. Specifically they wanted to know how to protect themselves with the GPL.

The truth is the GPL is not protecting anything except the right of the next guy to take your code and do stuff with it. And that terrifies people.

I’m not entertaining a discourse on the merits or legality of the GPL here. Those comments will be deleted. Simply put, a requirement of the WordPress.org repositories is that to be hosted there you must be GPLv2 (or later). At that point, every other argument is moot. Your code has to be GPLv2 to be in the repositories. End of story.

Okay. So what’s there left to discuss about protecting yourself and your code? Three things: Trademarks, copyright, and theft. Here we go.

Trademarks Trademarks

GPLv2 doesn’t protect your trademark, but that doesn’t mean your trademark isn’t protected. While any image you put in your WordPress theme or plugin has to be given as GPLv2 compatible, that doesn’t void your trademark. A freely offered image that is trademarked (say, the WordPress logo) can be used in your plugin, but it comes with restrictions after all. The inclusion of the SVG of the logo in GPL code doesn’t change that.

One of the things that changed in GPLv2 and GPLv3 was related to this. Remember, GPLv2 allows all code that does not include any restrictions that were not already in GPLv2. As long as license was as free (or freer) than GPLv2, it was deemed to be GPL-compatible (see the WTFPL). The issue with that is some licenses were very easy to comply with but had clauses like you couldn’t use certain trademarks. This caused confusion, as it was read as a restriction. The thing was that it wasn’t! Regardless of what the license said, you never had permission to use the trademark.

This is good for companies. You can trademark your logo and, if someone takes it redistributes a fork with the logos still in it, they’ve violated trademark law. And you can protect yourself there. I suggest you read Joomla’s post on the matter of Trademark protection to get a better idea of how it all works.

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Copyrights are another thing that the GPL doesn’t protect. Except it does.

GPLv2 and GPLv3 are both copyleft:

To copyleft a program, we first state that it is copyrighted; then we add distribution terms, which are a legal instrument that gives everyone the rights to use, modify, and redistribute the program’s code or any program derived from it but only if the distribution terms are unchanged. Thus, the code and the freedoms become legally inseparable.

What does that mean? Your copyright is yours. By the act of writing code, you own the copyright (with some exceptions, like if you’re hired to write the code). When you contribute code to an open source project like WordPress, you STILL retain the copyright unless you give it away, but the license is whatever the project’s license is. Most of the time this is fine, but as I recently saw with Hugo, this can be problematic when a project wants to change their license. Hugo had to get permission from every single person who had contributed.

This is, by the way, why WordPress will probably always be GPLv2.

One way around this is to require everyone to waive their copyrights in order to contribute. I believe DotNuke did this. Whomever owns the copyright, if the code is still licensed in a way that allows for free distribution then nothing’s really changed. The code is still open.

Of course, then there’s the jQuery Foundation does with their Individual Contributor License Agreement – In order to contribute to jQuery’s code or website, you have to sign that and provide a valid email. This gives them a way to contact everyone and also makes sure you understand what you signed up for. WordPress just has a checkbox when you submit your code to remind you that you’ve given it up.

If you’ve ever looked at the jQuery Foundation License, you may have noticed this line:

You are free to use any jQuery Foundation project in any other project (even commercial projects) as long as the copyright header is left intact.

This is not imposing a restriction more than GPLv2. See the bit in trademarks. Legally you had to do that anyway, they’re just reminding you not to be a tool and leave this simple line in:

  • Copyright jQuery Foundation and other contributors

I bark at developers a lot for removing the license headers from javascript files. Don’t do it. You’re violating copyright and, if the original devs complain, you’ll lose your code until you fix it. Which is the point here. Copyright exists beyond GPL, so the fact that it doesn’t actively protect it doesn’t make it not enforceable.

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Theft Theft

I don’t mean legal here.

A lot (a lot) of people argue that their plugin should be able to be encrypted or obfuscated to make it ‘harder to steal.’ I hear that about once a week, if not more. And my answer to all of them is “Not if you want to be hosted on WordPress.org.” WordPress.org has an ‘above and beyond’ understanding of the idea of distribution and allowing people to edit. It’s felt that the spirit of GPL means your code should be easy for someone to read and fork.

I said a dirty thing there, I know. The ‘spirit’ of the GPL is probably causing some of my friends to roll their eyes so hard they’ve got migraines. Sorry about that. But it really is the one time I use it. When I say the ‘spirit’ I mean the intention of the license and it’s application to WordPress.org’s repositories only. Right or wrong, agree or disagree, it’s straightforward. If you want to have your code in the .org repos, it’s gotta be human readable.

There’s a simple reason for this. The GPL Copyleft is all about freedom and keeping that freedom alive. The Copyleft says that anyone who redistributes the software, with or without changes, must pass along the same freedom to further copy and change it. In order to allow people to change the code, we want it to be human-readable. We want people to be able to look at your code and say “Oh I understand how this works. I will improve it!” When you take away, or overly complicate their ability to do that, we feel you’re intentionally impinging on that freedom. You’re trying to find a way around it, basically.

About the only time I’ve heard someone not claim they were smushing the code up to protect it from being stolen is when someone has smashed their javascript into a p,a,c,k,e,d() type compression file. I actually hate those files. Javascript is hard enough as is! Stop making it harder. Plus I need to tell you something really important.

While minifying your javascript will improve a website’s performing by decreasing the load time, it doesn’t make it run any faster for the majority of code out there. Of course there are situations (large libraries or limited devices) where this is not the case, but trust me here. Your 7 line javascript is not going to be significantly faster just because you compressed it. I advocate using the .min version of common libraries, but unless your code is huge, leave it alone and let other people see how to edit it.

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Bonus: Distribution Bonus: Distribution

GPL comes into play when your code is distributed. If I put my code on my server and never give it to anyone, it’s not been distributed so licenses don’t really matter. As the GPL FAQ explains:

But if you release the modified version to the public in some way, the GPL requires you to make the modified source code available to the program’s users, under the GPL.

It’s the big if there. What constitutes distribution? Is your browser downloading a javascript file in order to run my site distribution? Is handing you a zip file distribution?

I always recommend people play it safe.

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