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Re: [PEAR-QA] PHP License

On Friday 26 August 2005 02:51 am, MJ Ray wrote:
> Sean Kellogg <skellogg@u.washington.edu> wrote:
> > [...] When a user downloads phpbb2 and joins it with PHP to
> > create the finished derivative product it seems they are in violation of
> > the license.
> Can users call the combined thing "0x6a671236" or something?
> It'd still be accurate to say it's produced from phpbb2. I doubt
> many of them refer to that bit by name anyway.
> Yes, it sucks. EU users might not need to worry: I think a directive
> says that copying necessary to use software isn't infringement (from
> memory of the summary in last Autumn's copyright consultation paper
> by the European Commission).

Well, the US has a similar clause regarding holding necessary copying as 
non-infringing, which I mentioned in one of the first mails on this subject.  
But while you certainly wouldn't be liable for it, you would be creating a 
derivative work...  which is all I'm trying to say here.

> > I was under the impression that d-l took it as one of its
> > responsibilities to ensure that users don't get put in these sorts of
> > situations.
> Responsibility to ensure? Can't really ensure it, so can't really take that
> responsibility on with any honesty. I think we try our best. Is picking
> this over our best? PHP seem unlikely to try enforcing against phpbb2:
>    Q. I've written a project in PHP that I'm going to release as open
>    source, and I'd like to call it PHPTransmogrifier. Is that OK?
>    A. We cannot really stop you from using PHP in the name of your
>    project unless you include any code from the PHP distribution [...]

If that's cool by Debian, it's certainly cool by me :)

> (from http://www.php.net/license/ )
> Having a PEAR-approved licence which requires untruthful statements
> seems a more obvious and fixable problem.

Yeah, certainly is problematic.

Sean Kellogg
3rd Year - University of Washington School of Law
Graduate & Professional Student Senate Treasurer
UW Service & Activities Committee Interim Chair 
w: http://www.probonogeek.org

So, let go
 ...Jump in
  ...Oh well, what you waiting for?
   ...it's all right
    ...'Cause there's beauty in the breakdown

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