Re: Proposal for changes to the PHP license

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musicdenotation@xxxxxxxxx wrote:
-------------------------------------------------------------------- The PHP License, version 3.01 Copyright (c) 1999 - 2014 The PHP Group. All rights reserved. -------------------------------------------------------------------- Redistribution and use in source and binary forms, with or without modification, is permitted provided that the following conditions are met: 1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. 3. The name "PHP" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact group@xxxxxxx. 4. Products derived from this software may not be called "PHP", nor may "PHP" appear in their name, without pr
ior written permission from group@xxxxxxx. You may indicate that your software works in conjunction with PHP by saying "Foo for PHP" instead of calling it "PHP Foo" or "phpfoo" 5. The PHP Group may publish revised and/or new versions of the license from time to time. Each version will be given a distinguishing version number. Once covered code has been published under a particular version of the license, you may always continue to use it under the terms of that version. You may also choose to use such covered code under the terms of any subsequent version of the license published by the PHP Group. No one other than the PHP Group has the right to modify the terms applicable to covered code created under this License. 6. Redistributions of any form whatsoever must retain the following acknowledgment: "This product includes PHP software, freely available from <http://www.php.net/software/>". THIS SOFTWARE IS PROVIDED BY THE PHP DEVELOPMENT TEAM ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARR
ANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE PHP DEVELOPMENT TEAM OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. -------------------------------------------------------------------- This software consists of voluntary contributions made by many individuals on behalf of the PHP Group. The PHP Group can be contacted via Email at group@xxxxxxx. For more information on the PHP Group and the PHP project, please see <http://www.php.net>. PHP includes the Ze
nd Engine, freely available at <http://www.zend.com>.
I propose to remove clause 3 and 6 from this license to make it GPL-compatible. There are alternatives to these clauses:
For clause 3, register "PHP" (the programming language) as a trademark (as done by Python). Trademark law is designed specifically for identity protection.
With clause 6, PHP is not so "free software". This is forced advertisement.

If you don't like the license don't use the software!

Both clauses are perfectly reasonable in the absence of a legal entity that would be able to do things otherwise and we would not want someone to take 'legal ownership' simply to keep some lawyers happy ;)
( IS there a legal owner? Does Zend hold some ownership, or only of the Zend name? )

Many open source projects do not have an 'owner' in the eyes of the law, and so other steps have to be taken to get around that fact which both of these clauses do. Otherwise one ends up with the problems that MySQL has being sold around!

--
Lester Caine - G8HFL
-----------------------------
Contact - http://lsces.co.uk/wiki/?page=contact
L.S.Caine Electronic Services - http://lsces.co.uk
EnquirySolve - http://enquirysolve.com/
Model Engineers Digital Workshop - http://medw.co.uk
Rainbow Digital Media - http://rainbowdigitalmedia.co.uk

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