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	<title>Comments on: The PHP License</title>
	<atom:link href="http://blog.joshuaeichorn.com/archives/2005/08/23/the-php-license/feed/" rel="self" type="application/rss+xml" />
	<link>http://blog.joshuaeichorn.com/archives/2005/08/23/the-php-license/</link>
	<description>The weblog of Joshua Eichorn, AJAX, PHP and Open Source</description>
	<pubDate>Thu, 04 Dec 2008 00:55:12 +0000</pubDate>
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		<item>
		<title>By: Jeff Dickey</title>
		<link>http://blog.joshuaeichorn.com/archives/2005/08/23/the-php-license/#comment-5429</link>
		<dc:creator>Jeff Dickey</dc:creator>
		<pubDate>Sat, 24 Dec 2005 08:33:07 +0000</pubDate>
		<guid isPermaLink="false">http://blog.joshuaeichorn.com/archives/2005/08/23/the-php-license/#comment-5429</guid>
		<description>You know, reading through the PHPL (and IANAL, nor do I play one on TV)...

it seems to me that the PHPL was designed to support two development models, with others either not considered (if you're generously inclined) or deliberately screwed (if you're not):
1) Zend Technologies, Ltd., who have a (quite understandable) desire to protect their revenue streams whilst providing a "look, but if you touch, you can't sell touches" license; and
2) corporate in-house developers, who, since they're not redistributing their PEAR-derived apps or code goodies to the outside world anyway, and thus don't have to worry about complying with licenses less restrictive than the PHPL.

Personally, I'd like to believe that what the PHP Group meant by Item 6 sould have been better phrased in a manner similar to:
  6. Redistributions of any form whatsoever must retain the following
     acknowledgment:
       "This product is based upon and/or utilises code and/or other
       technology components of PHP, which is freely available from
       . Therefore, this product is not
       guaranteed to function properly from a system on which PHP
       has not been properly installed and configured".

But that and $5 will get you a taxi in New York, too. Somebody wrote an article in one of the Ziff-Davis rags a while back talking about how one thing that was holding back the widespread adoption of open source in the enterprise may be the proliferation of conflicting licenses.  I'd like to see attributed and verifiable opinions from competent attorneys in various jurisdictions on how htese licenses coexist. But I agree with the earlier post: definite answers will have to wait until real courts decide real cases - in the writer's and (code) client's and users' jurisdictions. Just because the Internet doesn't respect borders doesn't mean that your local law enforcement folks take that into consideration.

The only other solution - and I don't see this happening - is for open-source legal licenses to be standardised (or at least organised) under UN-sponsored treaty; signatories to the treaty thereby promise to respect those terms within their own legal systems (by passing enabling legislation or whatnot). Yes, it's complicated, yes, it's messy, yes, it's something that most software geeks wish would just Go Away, and no, it's not going to get resolved anytime soon.

I'm exploring migrating to Python, Ruby and a couple of other candidates simply because of the open questions regarding reuse in PHP. Not perl - any language that brags "There's always more than one way to do it" just introduces needless complexity into my development life. I'm biling clients based on problems solved, not time spent evaluating which pin will let more angels dance upon its head. PHP is going in that direction; perl is not only there already, but has put up huge billboards advertising the fact.

Just my two cents.

Jeff Dickey</description>
		<content:encoded><![CDATA[<p>You know, reading through the PHPL (and IANAL, nor do I play one on TV)&#8230;</p>
<p>it seems to me that the PHPL was designed to support two development models, with others either not considered (if you&#8217;re generously inclined) or deliberately screwed (if you&#8217;re not):<br />
1) Zend Technologies, Ltd., who have a (quite understandable) desire to protect their revenue streams whilst providing a &#8220;look, but if you touch, you can&#8217;t sell touches&#8221; license; and<br />
2) corporate in-house developers, who, since they&#8217;re not redistributing their PEAR-derived apps or code goodies to the outside world anyway, and thus don&#8217;t have to worry about complying with licenses less restrictive than the PHPL.</p>
<p>Personally, I&#8217;d like to believe that what the PHP Group meant by Item 6 sould have been better phrased in a manner similar to:<br />
  6. Redistributions of any form whatsoever must retain the following<br />
     acknowledgment:<br />
       &#8220;This product is based upon and/or utilises code and/or other<br />
       technology components of PHP, which is freely available from<br />
       . Therefore, this product is not<br />
       guaranteed to function properly from a system on which PHP<br />
       has not been properly installed and configured&#8221;.</p>
<p>But that and $5 will get you a taxi in New York, too. Somebody wrote an article in one of the Ziff-Davis rags a while back talking about how one thing that was holding back the widespread adoption of open source in the enterprise may be the proliferation of conflicting licenses.  I&#8217;d like to see attributed and verifiable opinions from competent attorneys in various jurisdictions on how htese licenses coexist. But I agree with the earlier post: definite answers will have to wait until real courts decide real cases - in the writer&#8217;s and (code) client&#8217;s and users&#8217; jurisdictions. Just because the Internet doesn&#8217;t respect borders doesn&#8217;t mean that your local law enforcement folks take that into consideration.</p>
<p>The only other solution - and I don&#8217;t see this happening - is for open-source legal licenses to be standardised (or at least organised) under UN-sponsored treaty; signatories to the treaty thereby promise to respect those terms within their own legal systems (by passing enabling legislation or whatnot). Yes, it&#8217;s complicated, yes, it&#8217;s messy, yes, it&#8217;s something that most software geeks wish would just Go Away, and no, it&#8217;s not going to get resolved anytime soon.</p>
<p>I&#8217;m exploring migrating to Python, Ruby and a couple of other candidates simply because of the open questions regarding reuse in PHP. Not perl - any language that brags &#8220;There&#8217;s always more than one way to do it&#8221; just introduces needless complexity into my development life. I&#8217;m biling clients based on problems solved, not time spent evaluating which pin will let more angels dance upon its head. PHP is going in that direction; perl is not only there already, but has put up huge billboards advertising the fact.</p>
<p>Just my two cents.</p>
<p>Jeff Dickey</p>
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	<item>
		<title>By: iamsure</title>
		<link>http://blog.joshuaeichorn.com/archives/2005/08/23/the-php-license/#comment-4417</link>
		<dc:creator>iamsure</dc:creator>
		<pubDate>Thu, 25 Aug 2005 13:19:01 +0000</pubDate>
		<guid isPermaLink="false">http://blog.joshuaeichorn.com/archives/2005/08/23/the-php-license/#comment-4417</guid>
		<description>Davey: "I believe the PHP License does not conflict with the GPL"

It does, and in multiple ways. Remember, a key statement in the GPL is: "You may not impose *any * further restrictions on the recipients' exercise of the rights granted herein"

And what does the PHPL do that the GPL doesn't?

- It restricts the endorsing or promotion of products
- It requires you to include the statement "This product includes PHP"
- By doing so, it requires you to include PHP

All of which are far beyond the requirements of the GPL, and as others have noted, are completely non-sensical OR were not what was originally intended. There are others, but those are crystal clear items that put an undue burden on a php developer trying to use GPL'd code with PHPL'd code.

Helgi's comments about thinking certain sections don't apply, and that its only a problem for one OS are all totally inaccurate. Its a problem for anyone trying to follow the law, and respect the terms of the code they use. I use code that is under the GPL. As a result, I cannot use code thats under the PHPL. Considering the usefulness of PEAR, thats a serious problem, and not limited to just one OS, just one programmer, or just one application.

It's really rather simple: Multiple groups are trying to be reasonable, and the terms of the PHPL just simply aren't. They make perfect sense for PHP or for a php extension, but not for any applications written in PHP. Which is exactly what the FSF says about the PHPL: "We recommend that you not use this license for anything except PHP add-ons."

But let me once again remind people.. there are precisely *two* organizations that have actual lawyers looking at the real legal implications of these licenses: Debian, and the Free Software Foundation. If you are comfortable ignoring their published advice, based on legal knowledge, feel free.

For the rest of us, that aren't lawyers, and that are trying to do the right thing, its an invaluable resource - not one to call "anal", or ridiculous. If anything, requiring a 20,000 line php app to INCLUDE php itself is the height of ridiculous. :)

It's Joshua's blog, and he said it best: "I want my code to be useful, and I want people writing GPL’d (or any other licensed) apps to feel comfortable using it."</description>
		<content:encoded><![CDATA[<p>Davey: &#8220;I believe the PHP License does not conflict with the GPL&#8221;</p>
<p>It does, and in multiple ways. Remember, a key statement in the GPL is: &#8220;You may not impose *any * further restrictions on the recipients&#8217; exercise of the rights granted herein&#8221;</p>
<p>And what does the PHPL do that the GPL doesn&#8217;t?</p>
<p>- It restricts the endorsing or promotion of products<br />
- It requires you to include the statement &#8220;This product includes PHP&#8221;<br />
- By doing so, it requires you to include PHP</p>
<p>All of which are far beyond the requirements of the GPL, and as others have noted, are completely non-sensical OR were not what was originally intended. There are others, but those are crystal clear items that put an undue burden on a php developer trying to use GPL&#8217;d code with PHPL&#8217;d code.</p>
<p>Helgi&#8217;s comments about thinking certain sections don&#8217;t apply, and that its only a problem for one OS are all totally inaccurate. Its a problem for anyone trying to follow the law, and respect the terms of the code they use. I use code that is under the GPL. As a result, I cannot use code thats under the PHPL. Considering the usefulness of PEAR, thats a serious problem, and not limited to just one OS, just one programmer, or just one application.</p>
<p>It&#8217;s really rather simple: Multiple groups are trying to be reasonable, and the terms of the PHPL just simply aren&#8217;t. They make perfect sense for PHP or for a php extension, but not for any applications written in PHP. Which is exactly what the FSF says about the PHPL: &#8220;We recommend that you not use this license for anything except PHP add-ons.&#8221;</p>
<p>But let me once again remind people.. there are precisely *two* organizations that have actual lawyers looking at the real legal implications of these licenses: Debian, and the Free Software Foundation. If you are comfortable ignoring their published advice, based on legal knowledge, feel free.</p>
<p>For the rest of us, that aren&#8217;t lawyers, and that are trying to do the right thing, its an invaluable resource - not one to call &#8220;anal&#8221;, or ridiculous. If anything, requiring a 20,000 line php app to INCLUDE php itself is the height of ridiculous. <img src='http://blog.joshuaeichorn.com/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' /> </p>
<p>It&#8217;s Joshua&#8217;s blog, and he said it best: &#8220;I want my code to be useful, and I want people writing GPL’d (or any other licensed) apps to feel comfortable using it.&#8221;</p>
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	</item>
	<item>
		<title>By: Davey Shafik</title>
		<link>http://blog.joshuaeichorn.com/archives/2005/08/23/the-php-license/#comment-4411</link>
		<dc:creator>Davey Shafik</dc:creator>
		<pubDate>Wed, 24 Aug 2005 16:47:25 +0000</pubDate>
		<guid isPermaLink="false">http://blog.joshuaeichorn.com/archives/2005/08/23/the-php-license/#comment-4411</guid>
		<description>I believe the PHP License does not conflict with the GPL, because those "discrimation" clauses are on the *name* PHP, not the code.

- Davey</description>
		<content:encoded><![CDATA[<p>I believe the PHP License does not conflict with the GPL, because those &#8220;discrimation&#8221; clauses are on the *name* PHP, not the code.</p>
<p>- Davey</p>
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	</item>
	<item>
		<title>By: enquest</title>
		<link>http://blog.joshuaeichorn.com/archives/2005/08/23/the-php-license/#comment-4409</link>
		<dc:creator>enquest</dc:creator>
		<pubDate>Wed, 24 Aug 2005 15:24:37 +0000</pubDate>
		<guid isPermaLink="false">http://blog.joshuaeichorn.com/archives/2005/08/23/the-php-license/#comment-4409</guid>
		<description>Just use GPL or LGPL that are the best. Listen to Stallman he knows why he says the thing he says.</description>
		<content:encoded><![CDATA[<p>Just use GPL or LGPL that are the best. Listen to Stallman he knows why he says the thing he says.</p>
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	<item>
		<title>By: Lukas</title>
		<link>http://blog.joshuaeichorn.com/archives/2005/08/23/the-php-license/#comment-4405</link>
		<dc:creator>Lukas</dc:creator>
		<pubDate>Wed, 24 Aug 2005 07:59:23 +0000</pubDate>
		<guid isPermaLink="false">http://blog.joshuaeichorn.com/archives/2005/08/23/the-php-license/#comment-4405</guid>
		<description>just to clarify .. I think since most of us all in the "IANAL" category we need to use clear licenses. And while I dont follow the interpretation of the debian guys, I do see that using the PHPL for php user land code is needlessly confusing. You dont expect a license to list a ton of items that are irrelevant .. its almost like a filibuster :-)</description>
		<content:encoded><![CDATA[<p>just to clarify .. I think since most of us all in the &#8220;IANAL&#8221; category we need to use clear licenses. And while I dont follow the interpretation of the debian guys, I do see that using the PHPL for php user land code is needlessly confusing. You dont expect a license to list a ton of items that are irrelevant .. its almost like a filibuster <img src='http://blog.joshuaeichorn.com/wp-includes/images/smilies/icon_smile.gif' alt=':-)' class='wp-smiley' /> </p>
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	<item>
		<title>By: Derick Rethans</title>
		<link>http://blog.joshuaeichorn.com/archives/2005/08/23/the-php-license/#comment-4404</link>
		<dc:creator>Derick Rethans</dc:creator>
		<pubDate>Wed, 24 Aug 2005 06:37:56 +0000</pubDate>
		<guid isPermaLink="false">http://blog.joshuaeichorn.com/archives/2005/08/23/the-php-license/#comment-4404</guid>
		<description>The Debian people where bugging me too about Xdebug's license in a mail called "Why is Xdebug under a non-free license" (it's a copy of the PHP license with s/PHP/Xdebug). My response as in nicer words "screw off, this is a free license" (http://xdebug.org/archives/xdebug-general/0265.html). IMO the Debian people should remove the legal fingers from their ass and start doing something useful with their time. I do like the distribution (using it myself), but it seems that they want to try to convert all non-GPL software to a GPL license, and that is stupid. I choose for a specific license for a reason (http://xdebug.org/archives/xdebug-general/0267.html), live with it. (And I don't really care if it's not available through Debian if they are so bloody anal about this Open Source license).</description>
		<content:encoded><![CDATA[<p>The Debian people where bugging me too about Xdebug&#8217;s license in a mail called &#8220;Why is Xdebug under a non-free license&#8221; (it&#8217;s a copy of the PHP license with s/PHP/Xdebug). My response as in nicer words &#8220;screw off, this is a free license&#8221; (http://xdebug.org/archives/xdebug-general/0265.html). IMO the Debian people should remove the legal fingers from their ass and start doing something useful with their time. I do like the distribution (using it myself), but it seems that they want to try to convert all non-GPL software to a GPL license, and that is stupid. I choose for a specific license for a reason (http://xdebug.org/archives/xdebug-general/0267.html), live with it. (And I don&#8217;t really care if it&#8217;s not available through Debian if they are so bloody anal about this Open Source license).</p>
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		<title>By: Lukas</title>
		<link>http://blog.joshuaeichorn.com/archives/2005/08/23/the-php-license/#comment-4403</link>
		<dc:creator>Lukas</dc:creator>
		<pubDate>Wed, 24 Aug 2005 06:26:58 +0000</pubDate>
		<guid isPermaLink="false">http://blog.joshuaeichorn.com/archives/2005/08/23/the-php-license/#comment-4403</guid>
		<description>I agree we dont need the PHP license really in PEAR. Getting all the code relicensed is going to be work but seems doable. We could just as well use BSD, Apache and the LGPL only.

@iamsure: the filter will help you little, since the PEAR base class is PHPL licensed and all PEAR packages use it for error handling in some way or another.</description>
		<content:encoded><![CDATA[<p>I agree we dont need the PHP license really in PEAR. Getting all the code relicensed is going to be work but seems doable. We could just as well use BSD, Apache and the LGPL only.</p>
<p>@iamsure: the filter will help you little, since the PEAR base class is PHPL licensed and all PEAR packages use it for error handling in some way or another.</p>
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		<title>By: Jan Schneider</title>
		<link>http://blog.joshuaeichorn.com/archives/2005/08/23/the-php-license/#comment-4402</link>
		<dc:creator>Jan Schneider</dc:creator>
		<pubDate>Wed, 24 Aug 2005 05:53:09 +0000</pubDate>
		<guid isPermaLink="false">http://blog.joshuaeichorn.com/archives/2005/08/23/the-php-license/#comment-4402</guid>
		<description>iamsure, what you say is only partially correct. While it is true that you can't use GPL software inside PHP licensed software, AFAIK it is fine to use PHP licensed PEAR packages in your GPL software, as long as you don't ship it with the PEAR packages bundled. Maybe that would even be possible too, but I am not so confident about this special case.</description>
		<content:encoded><![CDATA[<p>iamsure, what you say is only partially correct. While it is true that you can&#8217;t use GPL software inside PHP licensed software, AFAIK it is fine to use PHP licensed PEAR packages in your GPL software, as long as you don&#8217;t ship it with the PEAR packages bundled. Maybe that would even be possible too, but I am not so confident about this special case.</p>
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	<item>
		<title>By: iamsure</title>
		<link>http://blog.joshuaeichorn.com/archives/2005/08/23/the-php-license/#comment-4401</link>
		<dc:creator>iamsure</dc:creator>
		<pubDate>Wed, 24 Aug 2005 02:53:19 +0000</pubDate>
		<guid isPermaLink="false">http://blog.joshuaeichorn.com/archives/2005/08/23/the-php-license/#comment-4401</guid>
		<description>Just to clarify, I wasn't deifying the FSF. I was simply pointing to an organization that has put actual legal resources to the task of clarifying the legal implications of various licenses. Compared with "Bob" on a mailing list, I feel much more confident in their opinion. Further, they have on multiple occasions had their license upheld in courts around the world. I can't say the same for "Bob", from a mailing list.

Personally, I don't hold the FSF up as anything more than they are.. but credit where credit is due - they are a better source for license legal advice than Bob. :)</description>
		<content:encoded><![CDATA[<p>Just to clarify, I wasn&#8217;t deifying the FSF. I was simply pointing to an organization that has put actual legal resources to the task of clarifying the legal implications of various licenses. Compared with &#8220;Bob&#8221; on a mailing list, I feel much more confident in their opinion. Further, they have on multiple occasions had their license upheld in courts around the world. I can&#8217;t say the same for &#8220;Bob&#8221;, from a mailing list.</p>
<p>Personally, I don&#8217;t hold the FSF up as anything more than they are.. but credit where credit is due - they are a better source for license legal advice than Bob. <img src='http://blog.joshuaeichorn.com/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' /> </p>
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		<title>By: Joshua Eichorn</title>
		<link>http://blog.joshuaeichorn.com/archives/2005/08/23/the-php-license/#comment-4399</link>
		<dc:creator>Joshua Eichorn</dc:creator>
		<pubDate>Wed, 24 Aug 2005 01:41:04 +0000</pubDate>
		<guid isPermaLink="false">http://blog.joshuaeichorn.com/archives/2005/08/23/the-php-license/#comment-4399</guid>
		<description>iamsure, i would like to point out that what the fsf thinks doesn't really matter any more then anyone else.  There interpetation isn't any more important then anyone elses, until its been upheld in a court.  Anyhow, I do think these clasues are a problem with the GPL as well as with Debian.

I think my solution will be to dual license phpDocumentor and possibly just switch HTML_AJAX (or dual license) to bsd or lgpl (I prefer the lgpl) but that depends on what I can work out with the other authors in both cases.

Really at the end of the day I want my code to be useful, and I want people writing GPL'd (or any other licensed) apps to feel comfortable using it.</description>
		<content:encoded><![CDATA[<p>iamsure, i would like to point out that what the fsf thinks doesn&#8217;t really matter any more then anyone else.  There interpetation isn&#8217;t any more important then anyone elses, until its been upheld in a court.  Anyhow, I do think these clasues are a problem with the GPL as well as with Debian.</p>
<p>I think my solution will be to dual license phpDocumentor and possibly just switch HTML_AJAX (or dual license) to bsd or lgpl (I prefer the lgpl) but that depends on what I can work out with the other authors in both cases.</p>
<p>Really at the end of the day I want my code to be useful, and I want people writing GPL&#8217;d (or any other licensed) apps to feel comfortable using it.</p>
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