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equinusocio avatar equinusocio commented on June 10, 2024

All I have done is provided that, and by releasing software as open source and licensing it under the Apache 2.0 license you are granting permission for people to do as such.

Read again the APACHE 2.0 license and the redistributing section. You have to comply with some rules.

I'll make it easy for you:

4(b) You must cause any modified files to carry prominent notices stating that You changed the files; and

You technically "removed/edited" all the files since you're publishing the same product/name, compared to this version of the same product.

4(c) You must retain, in the Source form of any Derivative Works
that You distribute, all copyright, patent, trademark, and
attribution notices from the Source form of the Work,
excluding those notices that do not pertain to any part of
the Derivative Works; and

You have to add copyright and references in any distributed file

  1. Trademarks. This License does not grant permission to use the trade
    names, trademarks, service marks, or product names of the Licensor,
    except as required for reasonable and customary use in describing the
    origin of the Work and reproducing the content of the NOTICE file.

You have to change the name, i didn't allowed you to use the product name Material Theme

  1. Limitation of Liability. In no event and under no legal theory,
    whether in tort (including negligence), contract, or otherwise,
    unless required by applicable law (such as deliberate and grossly
    negligent acts) or agreed to in writing, shall any Contributor be
    liable to You for damages, including any direct, indirect, special,
    incidental, or consequential damages of any character arising as a
    result of this License or out of the use or inability to use the
    Work (including but not limited to damages for loss of goodwill,
    work stoppage, computer failure or malfunction, or any and all
    other commercial damages or losses), even if such Contributor
    has been advised of the possibility of such damages.

By publishing another clone on the marketplace you're basically making damage to our financial contributors who pay to maintain this package, keep quality, and keep it free for everyone.


You are free to use the old extension, the bad is publishing it as an extension on the marketplace, creating another clone, and violating the license. I have worked on open-source since 2013, and i know very well what's wrong here. Is faster to clone and republish a work made by others instead of asking for help and waiting for a response. If you don't have time to learn the tool you use doesn't grant you any rights to do whatever you want with other's work.

from vsc-material-theme.

jamesbellnet avatar jamesbellnet commented on June 10, 2024

From the Apache 2.0 license:

4. Redistribution. You may reproduce and distribute copies of the
      Work or Derivative Works thereof in any medium, with or without
      modifications, and in Source or Object form, provided that You
      meet the following conditions:

@equinusocio You are still credited as the original author, and I appreciate your work and that of the other contributors. Again, I'm just trying to keep a theme alive that many of us still use. Thank you 🙏🏻

from vsc-material-theme.

jamesbellnet avatar jamesbellnet commented on June 10, 2024

@equinusocio When I get chance I will happily update all files and the README stating yourself as the original author and directing everyone towards the official version. If you'd like to do it yourself and submit a PR, that's fine.

I didn't "technically remove" any files, that is not at all what that means. Nor have I modified any other than the readme where I have stated this is a fork of the original and now deprecated version.

I'm sorry this has bothered you so much, if you could remove the deprecation of this theme from the marketplace so people can continue to use it I'll happily remove the forked one I have published.

Again, we appreciate your work but some of us were happy enough with the "old" one - I'm not trying to steal it or profit from it in any way, just keeping it alive for those that want to use it.

from vsc-material-theme.

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