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en:philosophy:php_trademark [2023/08/22 16:20]
throgh [Outcome and decisions for Hyperbola] 		en:philosophy:php_trademark [2024/01/17 01:10] (current)
throgh [Solutions]
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 ====== Trademark Concerns and Problems with PHP ====== ====== Trademark Concerns and Problems with PHP ======
  
-PHP is as general-purpose scripting language geared towards web development and often used in those contexts. Nevertheless it is not common known that the licensing behind the software is more out of a problem and making it more than only a lightweight issue packaging this for a free and libre operating-system.+PHP is as general-purpose scripting language geared towards web development and often used in those contexts. Nevertheless it is not common known that the licensing behind the software is more out of a problem and making it more than only a lightweight issue packaging this for a free and libre operating-system. To be clear: **It is not possible to package PHP for a free and libre system without getting into trademark-issues when modifying without "explicit" permission.**
  
 ===== What is the problem? ===== ===== What is the problem? =====
  
-Starting in the year 2000, the PHP authors have decided to remove the option to use PHP under the General Public License, so with beginning from PHP version 4. This left users with only the PHP License as an option, which is non-copyleft, but includes extra restrictions beyond most non-copyleft FLOSS licenses.+Starting in the year 2000, the PHP authors have decided to remove the option to use PHP under the General Public License, so with beginning from PHP version 4. This left users with only the PHP License as an option, which is non-copyleft, but includes extra restrictions beyond most licenses.
  
 <code> <code>
  [...]  [...]
  
-  3. The name "PHP" must not be used to endorse or promote products 
-     derived from this software without prior written permission. For 
-     written permission, please contact group@php.net. 
-      
   4. Products derived from this software may not be called "PHP", nor   4. Products derived from this software may not be called "PHP", nor
      may "PHP" appear in their name, without prior written permission      may "PHP" appear in their name, without prior written permission
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      conjunction with PHP by saying "Foo for PHP" instead of calling      conjunction with PHP by saying "Foo for PHP" instead of calling
      it "PHP Foo" or "phpfoo"      it "PHP Foo" or "phpfoo"
-      
-   5. The PHP Group may publish revised and/or new versions of the 
-     license from time to time. Each version will be given a 
-     distinguishing version number. 
-     Once covered code has been published under a particular version 
-     of the license, you may always continue to use it under the terms 
-     of that version. You may also choose to use such covered code 
-     under the terms of any subsequent version of the license 
-     published by the PHP Group. No one other than the PHP Group has 
-     the right to modify the terms applicable to covered code created 
-     under this License. 
  
  [...]  [...]
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 (**Source:** [[https://directory.fsf.org/wiki/License:PHP-3.01|PHP 3.01 License]]) (**Source:** [[https://directory.fsf.org/wiki/License:PHP-3.01|PHP 3.01 License]])
  
-Those restrictions specifically related to use of the PHP name. Ultimately, such licensing makes extra work for distributions and operating-systems and creates uncertainty for people wishing to modify PHP - as they navigate a license that awkwardly pulls in a trademark policy as part of it.+Those restrictions specifically related to use of the PHP name. Ultimately, such licensing makes extra work for system-distributions and operating-systems and creates uncertainty for people wishing to modify PHP - as they navigate a license that awkwardly pulls in a trademark policy as part of it.
  
 In the whole outcome and as result **PHP violates the freedom to redistribute without “explicit” approval**. In the whole outcome and as result **PHP violates the freedom to redistribute without “explicit” approval**.
  
 +So if we would do individual modifications corresponding our mission-statement, we would always have to ask and rename everything. That's a very harsh and aggressive restrictive usage of trademarks and therefore exactly **trademark-bullying**.
 +===== Solutions =====
 +
 +  * **Rebranding** the entire language to avoid the trademark restriction. However, we would need **patches** to adapt all **PHP-dependant applications** to the rebranded version of PHP, since it is a programming language.
 +
 +  * Getting PHP to change its trademark agreement to allow modifications on the PHP binary for any purpose in respect of [[https://www.gnu.org/philosophy/free-sw.html|Freedom 3]].
 +
 +  * Removal of PHP as the project is not following free, libre software.
 +
 +Hyperbola has taken the decision to keep PHP complete out of the repositories, including also all applications possible using PHP. We decline this kind of "freedom" under the influence of trademark-bullying.
 ===== Outcome and decisions for Hyperbola ===== ===== Outcome and decisions for Hyperbola =====
  
-The Hyperbola-project decided to completely remove PHP from its packages since the release of version 0.4.3 for **Hyperbola GNU/Linux-libre** and including also for the future with **HyperbolaBSD** as complete operating-system. We don't provide problematic packages and software not respecting the freedom of the users to modify their systems and sources as they want. A trademark-policy can lead to a complete false balance when organizations and people behind decide to withdraw rights at once as it is always part of that trademark. And this withdrawal would immediate lead to further legal issues for projects and systems including those names and software!+The Hyperbola-project decided to completely remove PHP from its packages since the release of version 0.4.3 for **Hyperbola GNU/Linux-libre** and also for the future with **HyperbolaBSD** as complete operating-system. We don't provide problematic packages and software not respecting the freedom of the users to modify their systems and sources as they want. A trademark-policy can lead to a complete false balance when organizations and people behind decide to withdraw rights at once as it is always part of that trademark. And this withdrawal would immediate lead to further legal issues for projects and systems including those names and software!