Proposal for changes to the PHP license

[m***@gmail.com]

-------------------------------------------------------------------- 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 ***@php.net. 4. Products derived from this software may not be called "PHP", nor may "PHP" appear in their name, without prior written permission from ***@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 "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 WARRANTIES, 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 ***@php.net. For more information on the PHP Group and the PHP project, please see <http://www.php.net>. PHP includes the Zend 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.

[Lester Caine]

Post by m***@gmail.com
-------------------------------------------------------------------- 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 ***@php.net. 4. Products derived from this software may not be called "PHP", nor may "PHP" appear in their name, without pr
ior written permission from ***@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 "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 acknow
ledgment: "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 ***@php.net. 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>.

Post by m***@gmail.com
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

[Jasper Kips]

+1

They are perfectly reasonable requirements. It doesn't limit the use of the software, nor does it limit redistribution of the software, provided you distribute the disclaimer with it, and phrase that the way the PHP group demands. Given dat requirement 6 states a clear disclaimer, it even makes sense to include it in the redistribution.

Moreover, requirement 6 does not, in any way, limit you in using the software. Since PHP can be gotten without any payment, it is free, as in free beer, but also as in free of no strings attached.
That the requirement states that you must include the origin, and availability of the source, is in no way restricting your freedom. It is in that respect very much like the GPL, which requires you to send the license along with the distributed software.

Remember requirement 6 only applies to the PHP software itself, not to any script you make, written in PHP. (Requirement 3 applies very much to the scripts written in the language PHP)

And like Lester says, if you do not like the demands, do not distribute the software.

Jasper


Requirement 3 only inhibits the use of the name PHP, in an advertorial use. You can't use the name for commercial purposes.

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
--
PHP General Mailing List (http://www.php.net/)
To unsubscribe, visit: http://www.php.net/unsub.php

[Sebastian Krebs]

Post by m***@gmail.com
With clause 6, PHP is not so "free software". This is forced advertisement.

Actually I don't care, but (maybe it's just me) why does "free software"
and advertisment exclude each other?

[m***@gmail.com]

Post by m***@gmail.com
With clause 6, PHP is not so "free software". This is forced advertisement.

Actually I don't care, but (maybe it's just me) why does "free software" and advertisment exclude each other?
--
github.com/KingCrunch

Sorry, I made a typo. I want the clause 4, not 3, to be removed.

[Jay Blanchard]

[snip]Sorry, I made a typo. I want the clause 4, not 3, to be
removed.[/snip]

Do you have an application in which you want to use PHP as part of the name?

You're arguing semantics. Think about it - developing a piece of
software for use on the PHP platform should be called FOO for PHP
(unless you have a much better name that does not require the use of PHP
in the name). Naming something PHP FOO carries an implied understanding
that the PHP group (including Zend) may have had a hand in developing
the application. Even Zend's products don't have PHP in the name.

IMHO you're spending too much time worried over some extremely minor
licensing point and not enough time developing.