Re: Clarification regarding PHP License and DFSG status

[Nathanael Nerode <neroden@twcny.rr.com>]

Francesco Poli wrote:

> OK, let's concentrate on version 3.0 of the PHP license, then.
> 
> The only issue that I see in PHP license version 3.0 *as applied to PHP
> itself* is:
> 
> |   4. Products derived from this software may not be called "PHP", nor
> |      may "PHP" appear in their name, without prior written permission
> |      from group@php.net.  You may indicate that your software works in
> |      conjunction with PHP by saying "Foo for PHP" instead of calling
> |      it "PHP Foo" or "phpfoo"
> 
> This starts as a name-change clause, but then goes beyond and forbids an
> entire class of names for derived works (any name having "PHP" as a
> substring, minus some exceptions).
> This is overreaching, IMO, and makes the clause non-free.

Worse, it's contradictory.
>You may indicate that your software works in conjunction with PHP by
>saying "Foo for PHP"
PHP appears in the name "Foo for PHP".

It would also be pretty nasty if any of the various php-blah-blah packages
turned out to be derived from PHP, because they'd all be in violation.

> If other debian-legal contributors agree that this clause makes PHP
> non-free, I think the PHP group should be contacted and (politely) asked
> for a license change.
> 
> The best solution would be persuading the PHP group to state that they
> adopt the 2-clause BSD license[1] as version 4.0 of the PHP license.
> 
> [1] http://www.gnu.org/licenses/info/BSD_2Clause.html
:-)

> Otherwise, they can simply publish a new version of the PHP license
> (3.1?) with this clause purged, or, at least, narrowed down to something
> along the lines of:
> 
> |   4. Products derived from this software may not be called "PHP"
> |   without prior written permission from group@php.net.

Or something like this, which I think gets at their goal better (which is
to enforce a trademark with a copyright license, which is dumb, but
whatever) -- 

4. Products derived from this software may not be called "PHP", or
   any name which indicates authorship by or endorsement by php.net,
   without prior written permission from group@php.net.

Or this --
4. Products derived from this software may not be called "PHP", or
   any name which would infringe on the "PHP" trademark,
   without prior written permission from group@php.net.


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