WordPress Footer Links & The Law

[Scratch Fury]

What are the ramifications of using a WordPress theme that requires the footer links to remain in place? The links are for the creators casino affiliates not mine.

What I need to know is whether or not I would be breaking any US or State (Oregon) laws by using this theme. The creator will not sell the theme.

The site is devoted to brick and mortar casinos.

Any help or guidance would be very much appreciated.

Thanks,
Scratch

[graham]

Well I guess technically you are stealing their intellectual property and if they can prove they created it and you did not have rights to use it then I think they could get you on something that way.

Regardless of the laws and as someone that has sponsored themes in the past, if you don't want to leave the links then create your own theme. The creator of the theme spent either their own money or time creating the theme so why do you think you are entitled to a free copy?

[Scratch Fury]

Graham, thanks for the reply.

I need to clarify that this theme that I want to use is freely distributed and can be used by anyone as long as the affiliate (gambling) footer links remain in place.

I have zero intention of stealing their work, I will not and do not want to remove the links if that is the requirement of the creator....... Thing is, I love this theme and it's a perfect fit for my site. I just need to know if I would be breaking any laws by allowing these links to remain.... I'm not looking for trouble.

I have contacted my state gambling board several times now, but have yet to receive a reply from them.

Thanks again graham,
Scratch

[graham]

Ah, so you are looking more specifically if it is illegal to use a theme that promotes gambling. I guess that would be a tricky one since you are not profiting from the promotion of the gambling affiliate links. For clear cut legal advice I am not sure if there is anyone that would know the answer on these boards. I think you are going the best route by contacting your state gambling board. Sorry for the confusion in my last post.

[DaftDog]

@Scratch Fury - What are you going to be doing with the website that would using this theme? If you are not going to be promoting any form of gambling then I would not use the theme because of the gambling links in the footer.

[davemerry]

Hi Scratch!

Would there be any way to get hold of the theme creator and offer him a small price for the right to remove these links?

In my experience these themes are built by a designer in order to make money by selling the theme sponsor rights to affiliates/operators for a small fee. If you could get hold of the theme creator and threw $50 his way he would probably bite as it is past money!

Not meaning to cast all theme creators in the same net, just my experience

Best,
Dave

[Scratch Fury]

Graham, Ixian and Dave, thank you all for helping me.

Graham..... I've pretty much given up waiting for my States gambling board to get back to me. I have the feeling that their ignoring me for the simple reason that I have left too many messages inquiring about the legality.

Ixian..... Yes, the site will be centered around legal (Indian) gaming in my state, along with the travel market.

Dave...... Buying the theme outright was the very first thing I did. It took a week for someone to get back to me saying that they would not sell the theme.... I had also asked if they knew of any laws pertaining to the legalities of the affiliate links, the only answer they gave me is that they were also an affiliate company, and I should apply for their program. In my State, I know with 99% accuracy that it is not legal for me to be an affiliate of any gaming programs.

So, my guess now as to what I will be doing is just taking a chance that I won't be noticed. I do have a second theme that I could use. The footer links in it are dead and do not resolve to any working URL. The only drawback with it is that the links are encrypted PHP, and could go live to anything at any time.

I should just bite the bullet and have a WordPress theme built for me..... Does anyone have any recommendations for an affordable WP designer who has basic knowledge of Flash as well?

Thanks folks very much!
Mark

[DaftDog]

Have you tried looking at Themeforest? They have some pretty nifty themes that range in price from about $30 to $50. Would be cheaper than having one built from scratch.

[bingomarketing]

I think i would get a paid theme that doesnt have footer links. Then you wouldnt have to deal with this issue at all. They are not very expensive. Or find a free theme that doesnt have them.