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Re: debian status on using the PHP license for pear/pecl extensions

On 2/22/2016 2:12 PM, Ferenc Kovacs wrote:
> My understanding on the first look is that the PHP license is flawed
> (tries to limit the usage of php in naming but that is a futile
> attempt without registering a  trademark) 
Your premise that registration is required before trademark rights
accrue is completely untrue in the United States.

The PHP license statement

"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

is a statement of what would be commonly understood amongst software
trademark lawyers as describing situations where there would be
trademark infringement, as can be evidenced by the fact that many FOSS
trademark guidelines say the same thing. So this statement could be read
as stating nothing more than you may not use a trademark unlawfully.

Pamela S. Chestek
Chestek Legal
PO Box 2492
Raleigh, NC 27602

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