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Extension License violation #1645

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equinusocio opened this issue Nov 8, 2024 · 0 comments
Open
1 task done

Extension License violation #1645

equinusocio opened this issue Nov 8, 2024 · 0 comments

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@equinusocio
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equinusocio commented Nov 8, 2024

Check for existing issues

  • Completed

Describe the bug / provide steps to reproduce it

This situation does not constitute a bug; rather, it is a substantial violation of the commercial license by an unauthorized extension. The extension published by Codextor is intentionally infringing upon the license of the original Material Theme and Derivates developed for Visual Studio Code and other software applications.

Material Theme (and Derivates) commercial license

English Version: Commercial License for "Material Theme" and Derivatives
--------------------------------------------------------
1. Usage License
   This agreement grants the user a non-exclusive, non-transferable, and revocable commercial license to install and use the "Material Theme" extension on unlimited devices for business purposes. The user is not authorized to modify, distribute, resell, or lease the extension without the author’s written consent.

2. Restrictions
   The user agrees not to:
   a) Reverse engineer, modify, decompile, or disassemble the extension's source code.
   b) Use the extension for illegal or unauthorized activities.
   c) Share the extension through channels other than the official sales channel.
   d) Republish the extension, even with a different name or with substantial modifications, for free or for a fee, for Visual Studio Code or other software, without the author's written consent.
   e) Create derivative, copy, or replica extensions that may confuse users into thinking they are the original extension or an official update.
   f) Use similar names or trademarks that could cause confusion with the original extension or lead to a mistaken association with it.
   g) Use the extension in combination with other products or services to create integrated solutions without the author's written consent.
   h) Subject the extension to benchmarking or performance evaluation tests for comparative or public purposes without the author’s written authorization.
   i) Register or attempt to register any part of the extension as their own trademark, intellectual property, or patent.
   j) Transfer licensing rights to third parties or sublicense the extension.
   k) Use or distribute the extension in cloud computing environments, SaaS (Software as a Service) distribution, or shared platforms without written approval.
   l) Use the extension to create misleading or fraudulent content, or in a way that could harm the product's or the author's reputation.

3. Intellectual Property
   All rights, title, and interest in the "Material Theme" extension remain with the author. The user acquires no intellectual property rights in the extension.

4. Updates and Support
   The author may, at their discretion, provide updates or fixes for the extension. Updates may be subject to additional terms.

5. Confidentiality
   The user agrees to treat any technical or business information related to the extension as confidential unless authorized in writing by the author.

6. Warranties and Limitation of Liability
   The software is provided "as is" without any warranties, expressed or implied. The author is not liable for any direct, indirect, or consequential damages resulting from the use of the software.

7. Term and Termination
   The license is valid from the purchase date and remains effective unless the user breaches the terms of this agreement. The author reserves the right to revoke the license in case of violation.

Violation points

2.c) Share the extension through channels other than the official sales channel.

This doesn't need explanations

2.d) Republish the extension, even with a different name or with substantial modifications, for free or for a fee, for Visual Studio Code or other software, without the author's written consent.

The developer didn't ask for consent or reach us before publishing its extension

2.e) Create derivative, copy, or replica extensions that may confuse users into thinking they are the original extension or an official update.

Using same name, logo, screenshot, colors, variant names, the author created a replica extension and publishing it as the original Extension.

2.f) Use similar names or trademarks that could cause confusion with the original extension or lead to a mistaken association with it.

Similar to 2.e

2.j) Transfer licensing rights to third parties or sublicense the extension.

The developer is basically redistributing the intellectual property under an open-souce license, changing and violating the original one.

2.l) Use the extension to create misleading or fraudulent content, or in a way that could harm the product's or the author's reputation.

The developer is harming the product by sharing a free version of the theme (see replica extension above).


The Material Theme constitutes a paid extension. So the version published by Codextor is an unauthorized reproduction The version disction undermines our efforts and negatively impacts the users who compensate for it. We have previously contacted the author and requested the removal of the extension; however, we hereby appeal to you to take appropriate measures to remove or rename it if the author fails to heed this request.

Solutions

  1. Remove the extension
  2. Rename the extension and remove any reference (logo, screenshot, etc.. included) to the original theme, to solve the license violation above.

The implication of inaction on your part would suggest that the Zed team is endorsing license violations within its marketplace, which is unequivocally unacceptable.

Environment

Zed: v0.160.7 (Zed)
OS: macOS 15.1.0
Memory: 16 GiB
Architecture: aarch64

If applicable, add mockups/screenshots to help explain and present your vision of the feature

Screenshot 2024-11-08 at 19 06 35

@notpeter notpeter transferred this issue from zed-industries/zed Nov 8, 2024
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