Stefan Esser wrote:
> It should be noted, that the PHP Group is not allowed to give anyone the
> right to use PHP in it's product name.

It's called a Trademark.  It may or may not be a Registered Mark, but both
concepts exist carrying varying weight in any jurisdiction.

> If they do so they violating the Open Source Definition
> 
> http://www.opensource.org/docs/definition.php#5
> 
> Any kind of discrimination against anyone is not allowed. Giving some
> people special rights, like allowing them to use the name PHP in their
> Products name, while other parties are not allowed is clearly in
> violation with the discrimination paragraph...

You are right.  The PHP Group's grant of permission to use their Mark is
not granted under the OSI model.  Neither is any other Open Source project's
grant.  Your point is neither here nor there with respect of LICENSE TO THE
CODE, which is what OSI's license compatibility applies to.

Try creating GNUPHP or MicrosoftPHP - free or closed most projects treat
their Marks protectively, and you would have hassles (legal or otherwise)
with either using their Marks without their permission.  No matter if it's
stated in the license or not has little relation to Trademark law which has
nothing to do with copyright law or patent law.  None of the OSI licenses
grant you permission to reuse their Mark for your purpose.

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