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Date: Thu, 24 Oct 2024 19:02:46 +0100
To: internals@lists.php.net
Subject: RE: [PHP-DEV] [Discuss] Impact of E.O 14071 on PHP
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From: imsop.php@rwec.co.uk ("Rowan Tommins [IMSoP]")



On 24 October 2024 13:20:17 BST, Vincent de Lau <vincent@delau=2Enl> wrote=
:
> Linus apparently was also advised by legal people to take this step=2E [=
https://www=2Ephoronix=2Ecom/news/Linus-Torvalds-Russian] This might also b=
e relevant for the PHP Foundation and Perforce=2E Maybe they can help asses=
s the situation=2E

A further update has now been posted on that site: https://www=2Ephoronix=
=2Ecom/news/Linux-Compliance-Requirements

A few key points:=20

- The sanctions under consideration are those against companies and indivi=
duals on the Specially Designated Nationals list, and not any blanket ban o=
n Russian contributors, as speculated on this thread and elsewhere=2E A sea=
rchable database of those affected is here: https://sanctionssearch=2Eofac=
=2Etreas=2Egov/

- The action was taken under specific legal advice, but the full policy is=
 still being finalised=2E It's not clear if the lack of pre-warning was als=
o legal advice, or just poor communication skills=2E

- Exactly who received this advice, and who would be in breach of US law i=
f no action was taken, is still unclear to me=2E The quoted email just says=
 that "all of the Linux infrastructure and a lot of its maintainers are in =
the US"=2E The Linux Foundation is apparently incorporated as a non-profit =
in California, but it's not clear if that's actually the issue here=2E

Anyone employed *full time* by the PHP Foundation or Zend by Perforce is b=
y definition not going to be an employee of a sanctioned Russian (or other)=
 company=2E=20

I'm not clear whether it's relevant to *other* contributions that the PHP =
Foundation, via the Open Source Collective, has financial / legal existence=
 in California=2E

All of this is absolutely something that should be examined by a practisin=
g lawyer, and we should not take any action based on speculation=2E=20

Regards,
Rowan Tommins
[IMSoP]