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Re: PHP License for PHP Group packages

On Fri, 03 Feb 2006, Charles Fry wrote:
> Instead I propose that all RC bugs in PHP Group software released
> with the PHP License be closed.
> For the record, all previous discussions of this matter on
> debian-legal have suggested that the PHP License might be non-free
> for everything (including PHP), but it has never been argueed that
> PHP itself and PHP Group software should be treated differently with
> respect to the PHP License.


contains an argument regarding clause 4 of the PHP license version
3.01 which has still not been addressed satisfactorily; namely that
the license requires that software (which is not called PHP to start
with) cannot use the letters "PHP" in their name.[1]

   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. [...]

For example, I should be able to call my derived software
TELEGRAPHPOLE if I want to, which contains "PHP", but does not use the
words PHP in a manner that would likely fall afoul of any trademark of
the term PHP, which presumably the PHP group already has.

As this goes farther than what DFSG 4 allows by dissallowing an entire
class of names, instead of merely requiring that the software changed
names when it is a derived version, it's non-free.

[That of course, isn't to say that the other clauses in the PHP
license which are problematic shouldn't be dealt with as well...]

Don Armstrong

The major difference between a thing that might go wrong and a thing
that cannot possibly go wrong is that when a thing that cannot
possibly go wrong goes wrong it usually turns out to be impossible to
get at or repair.
 -- Douglas Adams  _Mostly Harmless_

http://www.donarmstrong.com              http://rzlab.ucr.edu

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