I’ve got this same question. I submitted a ticket to Evanto support asking for clarity. Their examples are 2+ years old and are all over the place. I can use a regular license to create a TV ad but an extended license if I have gated content? Right.
My non-lawyer take is this.
A paid newsletter should be a regular license because the newsletter is not using anything from the website theme. A core feature of Ghost does this.
The harder one is if that same newsletter content can be accessed as gated content on the website, in which case the theme would definitely be in use as paid content (product).
I certainly wouldn’t use the above take when making a decision on behalf of a client. I won’t be using Evanto for any client related membership/subscription projects until Envanto has some official clarity/guideslines we can point clients to.
I also agree with the other posters here. It would be great if someone from the Ghost team could help us get an answer. The difference between $39 and $2250 is, let’s say, substantial.