Re: Updating the PHP license

Francesco Poli <[email protected]> Sat, 25 May 2024 17:03:41 +0200
Newsgroups	gmane.linux.debian.devel.legal
Message-ID	<[email protected]>
On Fri, 24 May 2024 00:11:39 -0500 Ben Ramsey wrote:

> > On May 23, 2024, at 13:40, Francesco Poli <[email protected]> wrote:
> > 
> > On Wed, 22 May 2024 23:13:13 -0500 Ben Ramsey wrote:
> > 
> > [...]
> >> I’ve updated the RFC according to your suggestions.
> > 
> > Good!   :-)
> > Thanks for taking the time to do so.
> > 
> >> You may find a diff of the changes here:
> >> 
> >> https://wiki.php.net/rfc/php_license_update?do=diff&rev2%5B0%5D=1716433712&rev2%5B1%5D=1716437291&difftype=sidebyside 
> >> 
> >> Please let me know if you have any feedback on these changes.
> > 
> > After a short review, they look OK to me.
> > 
> > The only thing that I would emphasize more is: the PHP License, version
> > 4.0 should not just have the text identical to the 3-clause BSD
> > license, it should *be* the 3-clause BSD license. In other words, the
> > PHP Group would not merely publish a new license with a text identical
> > to the text of another license: the PHP Group would *designate*[^NOTE]
> > the 3-clause BSD license as the new version of the PHP License (i.e.:
> > version 4.0).
> > 
> > [^NOTE]: or *elect*, or *adopt*, the most suitable word should be
> >    chosen by an English native speaker (which I am not) with legal
> >    training (which I do not have)...
> > 
> > I think that, this way, clause 5 of the PHP License, version 3.01,
> > would be triggered, but there would be no need to explicitly mention
> > "PHP License, version 4.0" in the source code of a project that decides
> > to upgrade its license (from PHP License, version 3.01 to its
> > successor, the 3-clause BSD license).
> > The reason would that "PHP License, version 4.0" would become an alias
> > of "3-clause BSD license"...
> > 
> > Similarly for the Zend License, of course.
> > 
> > This is how I see it, but, clearly, it has to be checked with someone
> > more knowledgeable than me about the legal aspects.
> 
> 
> Again, great suggestions, Francesco. Many thanks!

You are welcome!  :-)

> 
> I’ve made a few small changes that make it clear that the PHP License, version 4, and Zend Engine License, version 3, both adopt the 3-clause BSD License.
> 
> Changes here: https://wiki.php.net/rfc/php_license_update?do=diff&rev2%5B0%5D=1716438337&rev2%5B1%5D=1716527050&difftype=sidebyside

Yeah, I think this is an improvement.


Some minor nitpicks (once again, by a non-native speaker, so they could
be wrong...): it's not the PHP License, version 4.0, which adopts the
3-clause BSD license; it's the PHP Group which adopts the 3-clause BSD
license as the new version (4.0) of the PHP License.
If you agree with this reasoning, then I would change the following
sentences:

- This proposal addresses a longstanding issue within the open source
- community by publishing new versions of the PHP License and the Zend
- Engine License. The PHP License, version 4, and Zend Engine License,
- version 3, will adopt the BSD 3-Clause License.

into:

+ This proposal addresses a longstanding issue within the open source
+ community by publishing new versions of the PHP License and the Zend
+ Engine License. The BSD 3-Clause License is adopted as The PHP
+ License, version 4, and as The Zend Engine License, version 3.

and:

- Publish the PHP License, version 4, and Zend Engine License, version
- 3, both adopting the BSD 3-Clause License, and deprecate the PHP
- License and Zend Engine License, as proposed in the Proposal section?

into:

+ Publish the PHP License, version 4, and Zend Engine License, version
+ 3, by adopting the BSD 3-Clause License as the new version of both,
+ and deprecate the PHP License and Zend Engine License, as proposed in
+ the Proposal section?


I hope this helps.
Bye!


-- 
 http://www.inventati.org/frx/
 There's not a second to spare! To the laboratory!
..................................................... Francesco Poli .
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