General Community > Chit Chat
Erase of a website.
ARG:
--- Quote from: 青山 素子 on February 22, 2012, 12:24:23 PM ---
Note that I'm not saying that the hosting site is acting ethically to do such a thing. I think they probably shouldn't be offering the premium themes at the very least. However, the terms under which the themes are licensed allow this. If you want to avoid this in the future, you'll probably have to adjust the language to include something like "You may only use this theme on a forum which you personally own. This theme is not licensed for use on multi-hosting or multi-tenant installations." if you want to prohibit that kind of use.
--- End quote ---
A revision in the Terms would probably be a good idea. Regardless, SMF New should have enough common sense, and respect to know what they are doing is wrong. Even though their customers may not have access to the files, my legal background says they still have no right to promote their services using Dziner Studio products nor allow their customers to use them for their websites without permission.
Put it this way. I promote the use of Dziner Studio products on my website. But, even though I am Dziner Studio staff I still had to get permission to do so and, with strict orders NOT to offer Dziner Studio themes (free or premium) nor can I offer support for premium themes on my website.
;)
青山 素子:
--- Quote from: ARG on February 22, 2012, 12:39:50 PM ---A revision in the Terms would probably be a good idea. Regardless, SMF New should have enough common sense, and respect to know what they are doing is wrong. Even though their customers may not have access to the files, my legal background says they still have no right to promote their services using Dziner Studio products nor allow their customers to use them for their websites without permission.
--- End quote ---
Are they explicitly naming Dziner Studio in their marketing? If so, I missed that. In fact, it seems to be that they are going out of their way to minimize anything that could be considered promotion in their marketing on the website.
As for allowing customers to use them, as I noted previously, what they allow isn't redistribution, so they are abiding by the terms of the license, afaict. Heck, those hosted forums aren't even property of the person who signs up, they are property of the service hosting them. See my text below for more on this part.
--- Quote from: ARG on February 22, 2012, 12:39:50 PM ---Put it this way. I promote the use of Dziner Studio products on my website. But, even though I am Dziner Studio staff I still had to get permission to do so and, with strict orders NOT to offer Dziner Studio themes (free or premium) nor can I offer support for premium themes on my website.
--- End quote ---
Well, the promotion and support parts make sense since you're using a trademark. Usually, you'd need to get permission from the holder to use it. Even then, they can request certain terms (like not offering support) as conditions for your use. The offering of themes is already covered under the license as it prohibits redistribution.
But, you don't have to get permission to use the themes on your site, right? You don't have to get permission for every individual viewer to view the theme, right? That's all that is being done by that hosted service. They are allowing their customers to view the themes - those people do not have access to the source.
Don't confuse trademarks and copyright. They are two very different things.
ARG:
Ok, to clear this whole thing up. I stand corrected and apologize for any misinformation previously stated. After a discussion with Dziner Studio I found that SMF New does have permission to use the themes if they wish but they did get permission to do so and they cannot, under any circumstances allow access of files to their customers. But now, this is what is of concern. The user originally stated that he has finished his work on the site and the logo on the theme from his link is no longer visible. This makes one believe that that he may have had access to the theme files after all.
Note: SMF New is the only site allowed to do this. Anyone else would be infringing on Dziner Studio terms.
Btw 青山 素子, I have no confusion what so ever between trademarks and copyrights. ;)
青山 素子:
--- Quote from: ARG on February 22, 2012, 03:04:17 PM ---The user originally stated that he has finished his work on the site and the logo on the theme from his link is no longer visible. This makes one believe that that he may have had access to the theme files after all.
--- End quote ---
It is very possible that there is a special setting on that system to adjust the logo files. That, or it's using the built-in system to replace with a custom logo as you can do with Curve.
--- Quote from: ARG on February 22, 2012, 03:04:17 PM ---Note: SMF New is the only site allowed to do this. Anyone else would be infringing on Dziner Studio terms.
--- End quote ---
Get the license fixed. AFAICT, there is only one license for both free and paid themes and simply offering the use of the theme without exposing the underlying templates wouldn't fall afoul of the terms.
busterone:
Well, with all this new info, I can admit that I was wrong in my assumptions as well.
Even though it has been allowed, I still feel that it is wrong, but that is just a personal opinion. Those that pay for their own domains, hosting, etc, and work hard to build their sites, keep spammers out, and deal with all the other stuff that come with the territory have to pay to use a premium theme, and rightfully so. However those that put very little effort into a forum on free service that does everything for them get to use a premium theme at no cost? Seems very wrong to me. :)
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