Newsgroups: php.internals Path: news.php.net Xref: news.php.net php.internals:27622 Return-Path: Mailing-List: contact internals-help@lists.php.net; run by ezmlm Delivered-To: mailing list internals@lists.php.net Received: (qmail 41175 invoked by uid 1010); 23 Jan 2007 19:51:53 -0000 Delivered-To: ezmlm-scan-internals@lists.php.net Delivered-To: ezmlm-internals@lists.php.net Received: (qmail 41160 invoked from network); 23 Jan 2007 19:51:53 -0000 Received: from unknown (HELO lists.php.net) (127.0.0.1) by localhost with SMTP; 23 Jan 2007 19:51:53 -0000 Authentication-Results: pb1.pair.com smtp.mail=wrowe@rowe-clan.net; spf=permerror; sender-id=unknown Authentication-Results: pb1.pair.com header.from=wrowe@rowe-clan.net; sender-id=unknown Received-SPF: error (pb1.pair.com: domain rowe-clan.net from 207.155.248.9 cause and error) X-PHP-List-Original-Sender: wrowe@rowe-clan.net X-Host-Fingerprint: 207.155.248.9 warspite.concentric.net Solaris 8 (1) Received: from [207.155.248.9] ([207.155.248.9:64996] helo=warspite.cnchost.com) by pb1.pair.com (ecelerity 2.1.1.9-wez r(12769M)) with ESMTP id A6/C6-24295-75766B54 for ; Tue, 23 Jan 2007 14:51:52 -0500 Received: from [192.168.0.21] (c-24-15-193-17.hsd1.il.comcast.net [24.15.193.17]) (as wrowe@rowe-clan.net) by warspite.cnchost.com (ConcentricHost(2.54) Relay) with ESMTP id 561DCB2F64; Tue, 23 Jan 2007 14:51:46 -0500 (EST) Message-ID: <45B66734.8000004@rowe-clan.net> Date: Tue, 23 Jan 2007 13:51:16 -0600 User-Agent: Thunderbird 1.5.0.8 (X11/20061107) MIME-Version: 1.0 To: Stefan Esser CC: Gregory Beaver , Roman Neuhauser , internals@lists.php.net References: <45B29E2E.5070808@iamjochem.com> <185335524.20070121004953@marcus-boerger.de> <6ec19ec70701210941w154746e8p7faabf18c74a45b1@mail.gmail.com> <45B3F260.60807@lerdorf.com> <20070121231230.GX2136@mint.phcomp.co.uk> <20070123135104.GB9115@dagan.sigpipe.cz> <45B622E2.303@chiaraquartet.net> <45B62AC5.60107@hardened-php.net> In-Reply-To: <45B62AC5.60107@hardened-php.net> Content-Type: text/plain; charset=UTF-8 Content-Transfer-Encoding: 7bit Subject: Re: [PHP-DEV] Is this what Stefan Esser was referring to ...? From: wrowe@rowe-clan.net ("William A. Rowe, Jr.") 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.