3rd party materials in Git repo of Marinelli (theme)

Git Repo Policy Violation: 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, at the LWG will not 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 woork 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.

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.