Thesis vs. WordPress: The Licensing Dispute Between Chris Pearson and Matt Mullenweg

The conflict between Chris Pearson and Matt Mullenweg, often referred to as the “Thesis vs. WordPress” dispute, centered around the licensing of Pearson’s popular Thesis theme for WordPress. Here are the key points:

Background

Matt Mullenweg is the co-founder of WordPress, an open-source content management system (CMS) that uses the GNU General Public License (GPL). The GPL requires that derivative works of GPL-licensed software also be licensed under the GPL.

Chris Pearson is the developer of Thesis, a premium theme for WordPress that he did not license under the GPL. Instead, Pearson used a proprietary license for Thesis, which allowed him to retain more control over the distribution and usage of the theme.

The Conflict

The dispute began because Mullenweg believed that all themes and plugins that interacted with WordPress should be GPL-licensed, as they are derivative works of WordPress. Pearson disagreed, arguing that Thesis was not a derivative work of WordPress and thus did not need to adhere to the GPL.

Chris maintained that the Thesis theme was an original copyrighted creation, and as such, should not have to be distributed under the GPL license, but rather under another license that would better protect the theme from being freely redistributed, essentially resulting in lost sales or revenue. Chris cited an article by Florida attorney, Mike Wasylik, titled, “Why the GPL Does Not Apply to Premium WordPress Themes” link.

Public Debate

The disagreement became highly publicized in July 2010, when Pearson and Mullenweg engaged in a heated discussion on a live podcast hosted by Andrew Warner on Mixergy. The debate highlighted their differing views on open-source licensing and the business models around WordPress.

Legal Perspectives

Legal arguments could be made for both sides, but the issue seems to boil down to a simple test: “Can the theme function on its own, without WordPress?” If not, it is dependent upon WordPress, considered a “derivative work,” and therefore must inherit the license of the parent software.

Matt maintains that designers can still make money from GPL-compliant themes by charging fees for support, upgrades, and other valuable resources to licensees. One of the biggest reasons most WordPress theme developers choose to distribute their themes under the GPL license is that only GPL-compliant themes are listed in the WordPress theme directory, which affords them greater visibility.

Resolution and Impact

Eventually, to avoid further legal complications and community backlash, Pearson released a split-license version of Thesis. This meant that the PHP code of Thesis was licensed under the GPL, while other parts, such as JavaScript and CSS, remained under a proprietary license. This resolution was seen as a compromise, but the debate had lasting effects on the WordPress community, emphasizing the importance of open-source principles and the GPL.

Legacy

The conflict underscored the tension between commercial interests and open-source values within the WordPress ecosystem. It also highlighted the need for clear guidelines on licensing for themes and plugins to ensure compatibility with the WordPress platform. This conflict is often cited as a significant moment in the history of WordPress, illustrating the challenges of balancing proprietary interests with the open-source ethos that underpins the platform.

For further details, you can refer to the original sources on Mixergy, ReadWrite, and other tech news sites Mixergy Interview with Chris Pearson and Matt Mullenweg, ReadWrite, Peter Wilson, and Sathyajith Bhat.

The Domain Acquisition

In 2014, it is claimed that Matt Mullenweg bought Thesis.com for $100,000, specifically to prevent Chris Pearson from owning it. Source: Chris Pearson on Twitter