Re: [PECL-DEV] Re: Re: [PHP-QA] Debian and the PHP license

2014-07-30 Thread Stas Malyshev
Hi!

 This reading clearly fails DFSG#3 and OSD#3 at the very least, and makes
 *all* software using the PHP Licence non-free, because redistribution of
 derived works is only permitted from *.php.net which is clearly inaccep-
 table. This makes not just forking the software impossible but also dis-
 tribution of binaries made from modified sources, for example.

I've by now read the PHP license here:
http://php.net/license/3_01.txt
about a dozen times and I still can't figure out where the claim
redistribution of derived works is only permitted from *.php.net could
come from. This of course is false both theoretically and practically.

 On the other hand, my own reading of the PHP Licence is that we may not,
 in fact, distribute (binaries of) modified versions of PHP software (the
 interpreter as well as everything else under that licence), period - but

You could not distribute other derived products bearing the name of PHP
- but distributing PHP itself is fine, since it's not a product derived
from PHP but the actual PHP. If Debian OTOH decides to make their own
fork of PHP, they can distribute it still, but not under the name of
PHP. I don't think Debian even claimed that the thing they distribute
under the name of PHP is anything but the original product, so I don't
see a problem here. I'm not sure why there's an effort to seek maximally
contorted interpretation of the rules that would appear to disallow
Debian to do something that Debian is already doing, has been doing for
years, and nobody ever objected to Debian doing and nobody ever intends
to object. To me this effort does not seem to be constructive, and not
leading to any improvement of anything, but only to more inconvenience
and annoyance to everybody involved.

 (and it would be fun if Debian distributed Icescriptinglanguage, instead
 of PHP, except for those affected).

I think taking this route would make Debian a huge disservice. Of
course, 99.999% of Debian users would immediately switch to using a
third-party repo that would include actual PHP packages instead of that
contraption, but there's no reason to inflict this onto Debian users.
-- 
Stanislav Malyshev, Software Architect
SugarCRM: http://www.sugarcrm.com/


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Re: [PECL-DEV] Re: Re: [PHP-QA] Debian and the PHP license

2014-07-30 Thread Stas Malyshev
Hi!

 I think everyone does claim that. You do know Debian doesn't just

Everyone being whom specifically?

 distribute the binaries from Php.net, right? No contortion: the php5
 in Debian is a derived work. Here's a list of patches
 http://sources.debian.net/src/php5/5.6.0%7Erc2%2Bdfsg-5/debian/patches

There is no such thing as binaries from php.net, at least when
Debian-supported OSes are concerned. But even if they were, it's not a
separate product in any sane meaning of a product. Adding a config file
does not make it into a new product. Neither I have ever seen any
communication from Debian claiming it is anything but the product we all
know and love as PHP. One could invent a thousand of contorted
definition of product, including defining every binary with different
sha1 checksum as separate product, but this pointless exercise has
nothing to do with PHP and is just that - pointless.

  I agree that renaming would not be constructive. Why can't people
 call this PHP, please, PHP project? 

They can, and they were told so many, many times.

 Would you change the licence to something more usual, like MIT/X style?

No, this is completely infeasible - this would require asking permission
from every contributor from the start of the project. Moreover, this
titanic effort would be completely useless as it would achieve no useful
purpose, because everybody - including Debian - is free to distribute
PHP under PHP license right now, and nobody ever tried to prevent
anybody from doing so. Literally nobody except Debian people ever said
there's any problem in that. Frankly, I am astonished at how much effort
is spend to find trouble where there was not ever one. Can't we spend
our time on something more useful?
-- 
Stanislav Malyshev, Software Architect
SugarCRM: http://www.sugarcrm.com/


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Re: [PECL-DEV] Debian request to change the PHP license for Extensions

2014-06-27 Thread Stas Malyshev
Hi!

 I think the difference is that we have a couple of clauses which sounds
 weird/makes no sense when the license is used for extensions or anything
 else than php-src, like clause 3, 4 and 6.
 And this is what they were complaining about in the thread referenced
 from their reject faq:
 https://lists.debian.org/debian-legal/2005/08/msg00128.html

I understand they have a problem with 4, which we could maybe solve by
having PHP Group grant Debian the permission, or by clarifying that
merely patching PHP for purposes of BC or OS compatibility or such does
not make it a separate derived product.

With 5. I do not see any problem - looks like they misunderstand what it
means. It has the or clause - you can always keep the license you had,
and it's a pretty standard thing AFAIK.

 Yeah, but maybe we could do something like creating a new version of the
 license which makes it a bit clear, what do we mean by derived work(do

Creating a new software license is a pretty huge undertaking. Even
modification probably needs a good lawyer to look into it.

 we consider exts/sapis/etc. derived ork or not), removing the PHP
 includes the Zend Engine, freely available at http://www.zend.com.
 part, as only php-src includes the ZE, and it isn't available from
 zend.com http://zend.com anymore imo.

As part of Zend Server, I'm pretty sure it still is. But this part is
quite outdated. Maybe Zend wants to sponsor some work here about
updating the license?

-- 
Stanislav Malyshev, Software Architect
SugarCRM: http://www.sugarcrm.com/


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