Re: [PEAR-QA] PHP License
On Wednesday 24 August 2005 01:38 am, Thijs Kinkhorst wrote:
> I fail to understand why the licence under which the PHP programming
> language resorts, can govern software under the GPL, since the PHP licence
> only mentions derivative works, not applications written in that
> programming language. If phpbb would be a PHP-derivative you would be
> completely correct. But it's clearly not, so in what way do those terms
> apply to it?
I'm pretty sure it is a PHP-derivative. It relies on all sorts of built in
PHP functions to create the finished work. Perhaps... PERHAPS... the code
you download for phpbb, on its own, MIGHT be a separate and distinct work,
but it's not "phpbb" until it's merged with PHP functions to create the
finished, derived work. Now, some might claim a defense under (s)107(a)(1)
of the U.S. Copyright statute that says that "copy or adaptation is created
as an essential step in the utilization of the computer program in
conjunction with a machine and that it is used in no other manner" is not
infringement... but just because it's not infringement does not make the
resulting work a derivative work.
So that's why the terms apply,
Sean
--
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
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