Support for Drupal 7 is ending on 5 January 2025—it’s time to migrate to Drupal 10! Learn about the many benefits of Drupal 10 and find migration tools in our resource center.3rd party materials in Git repo of Marinelli (theme)
The Drupal.org git repo of the theme/module Marinelli contains the following items which appears to be third party materials:
- cycle.js, copyright © 2007-2010 M. Alstup - MIT/GPL
- hoverintent.js, copyright © Brian Cherne - http://cherne.net/brian/resources/jquery.hoverIntent.html - no license
- modernizer.js, Copyright © 2009-2010 Faruk Ates & Paul Irish - BSD/MIT - http://www.modernizr.com/license/.
- Bergamo (font), Copyright © Fontsite Inc. - custom EULA that forbids commercial use- http://fontsite.com/?s=bergamo
- Franchise Bold, Copyright © Weathersbee - Weathersbee Type Freeware Fonts EULA - http://www.weathersbeetype.com/fonts/franchise/
- Five professional quality photos of unknown origin in sub-directory
img/advertise.
Third party materials is not generally allowed in Drupal.org git repos, and should be deleted.
As for code made available by its creator under licenses such as GPLv2+, MIT or BSD, these license is deemed by the LWG to be compatible with GPL V2+, but an exception to host third party code must be explicitly approved by the LWG. The conditions for granting an exception is described in: 3rd party libraries and content on Drupal.org.
However, in this case, no exception has been requested - so third party materials under these licenses must be removed from the repo or a formal exception request to the LWG must be made and approved.
The Bergamo font EULA says:
“Copies of the SOFTWARE may not be distributed for profit either on a standalone basis or included as part of your own product.”
This non-commercial clause is not compatible with GPLv2+. To ensure that downstream recipients of software downloaded from the Drupal.org repo is not “bitten” by non-free license terms, non-free fonts are not allowed. This font must be removed from the repo immediately, as the LWG can not legally grant an exception for this.
The Franchise Bold comes with the “Weathersbee Type Freeware Fonts EULA”. This EULA seems to be “GPL-friendly”, but violates our current git repo policy (since all files hosted on Drupal.org must be licensed under the GPL V2+ license). However, that policy is under review and “GPL-friendly” fonts may be allowed in the future. There is therefore no need for immediate removal of this file.
The five professional quality sample images in the sub-directory img/advertise are of unknown origin. The provenance to these images are not established. You need to state clearly whether these images are your own work or are sourced from a third party. If they are third party materials, you need to secure permission from the owner to re-license them under GPLv2+ to have the images in the Drupal.org git repo.
This project will be tagged as unsupported unless the 3rd party font Bergamot is removed from the repo and the other policy violations are sorted out.
For projects that makes use of easy to find fonts/icons/images/javascript, the recommended method of distribution is to not include them in the repo, but to provide users with download and install instructions in the project's README file.
Please note:
This policy is described in the 3rd party libraries and content on Drupal.org. It also appears in the Drupal Git Repository Usage policy you agreed to when you signed up for Git access, which you may want to re-read, to be sure you're not violating other terms.
The Drupal Association recently approved a Licensing Working Group with the authority to finally deal with issues like this. #2663116: 3rd party materials in Git repo of Marinelli (theme) is the parent issue in the LWG queue.
Once the process is established for dealing with violations, if the maintainers of the project do not resolve the issue the project will likely be unpublished and a notice will be posted to the project page.
More importantly, the maintainers who violated the Drupal Git Repository Usage Policy risk losing their git privileges.
| Comment | File | Size | Author |
|---|---|---|---|
| #7 | 3rd_party_materials-2663116-7.patch | 66.11 KB | oadaeh |
Comments
Comment #2
gisleComment #3
gisleComment #4
dddave CreditAttribution: dddave commentedLast call before marking this project unsupported. If after this weekend the violation still exists the transfer is going to happen.
Comment #5
gisleProject marked as unsupported.
Comment #7
oadaeh CreditAttribution: oadaeh at Flatt and Sons commentedI have attached a patch (against the 7.x-3.x branch), which deals with all the stated issues by removing the files in question and providing documentation on where to obtain them, except the images, which I replaced with images from this Wikipedia page: https://en.wikipedia.org/wiki/Landscape
Comment #8
gisleThank you for offering to clear up the copyright and licensing issues with Marinelli and make this theme supported again. The patch-file didn't contain replacement images, but I think I understood your intent.
This looks like a good start, so you are now is the owner/maintainer of this theme (see #2763985: Please give oadaeh ownership of Marinelli). This means that you can work directly with the repo instead of having to use patch-files.
However, while I understand it is well intended, your solution for images (replacing unlicensed images with images licensed a Creative Commons license) does not completely solve the third party materials problem.
Please understand the present Drupal.org Git repo policy does not allow anything in the repo with a license that is not compatible with GPLv2+.
This is spelled out quite clearly in the page about 3rd party libraries and content on Drupal.org:
One of the reasons that this policy is in place is that the attribution requirement of some licences, and in particular Creative Commons licenses, are not trivial (as you can see from this page on the Creative Commons Wiki). Some people find the CC attribution requiremets hard to understand, and even harder to implement.
However, the LWG has been asked if this restriction can be lifted, and we are actually trying to get a revision of this policy accepted by the community. The new policy will allow themers to include third party materials, including fonts and images, provided they come with a free/libre license, and an exception is granted from the LWG. See our note about Git repo policy revision process (last paragraph). While this works are going on, the LWG accepts exception requests for certain types of third party materials (including materials under a CC license), in order to get a better understanding what it entails to have such materials in the repo.
So to make sure the included images comply with our present or future Git repo policy, you must do one of the following two things:
FYI: If you decide that you want to use third party images, please note that to comply with the attribution requirements of the Creative Commons license, you must make sure the following information is available to developers and to visitors:
You may attribute any way you find suitable. There is an experimental Attributions module that you may want to look at.
Please set back to "Needs review" when you've decided whether you use your own images (licensed under GPLv2+) or third party images (under a Creative Commons license). If you chose the second option, you must also comply with the Creative Commons attribution requirements.
If there is anything about this that is unclear, please ask!
Comment #9
oadaeh CreditAttribution: oadaeh at Flatt and Sons commented@gisle:
Comment #10
gisleNo, CC is unfortunately not GPLv2+ compatible. The attribution requirements of CC is one of the thing that rules it out. For a list of GPLv2 compatible licenses, see: https://www.drupal.org/node/1475972#gplv2-compatible-licenses
Replacing the CC-licensed images with your own is fine!
And there is no need to update the patch. You are now is the owner of the Marinelli theme, so you can work directly with the repo.
Comment #12
oadaeh CreditAttribution: oadaeh at Flatt and Sons commentedI have updated the 7.x-3.x branch, tagged a new 7.x-3.0-beta12 release, and updated the project page.
Here is the release: https://www.drupal.org/project/marinelli/releases/7.x-3.0-beta12
Is there anything else that needs to be done?
Comment #14
gisleIt would be nice if you could find the time to implement the Libraries API to facilitate sharing of third party libraries among projects, but the Git repo policy violation for the libraries and the images is gone.
Thank you for making this project supported again.
Comment #15
oadaeh CreditAttribution: oadaeh at Flatt and Sons commentedThank you, gisle.
It is my intention to make it so the theme uses the Libraries API to utilize the JacaScrpit libraries previously included with it. My primary push was getting it compliant. Now that it is, I can take some time and start cleaning things up.
Another thing I wanted to do about 3 or 4 years ago was to utilize the Color module on this theme, and I have code in a repo for that that I will dust off and implement.