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Re: The Future of PHP [message #171023 is a reply to message #171022] Wed, 15 December 2010 04:24 Go to previous messageGo to previous message
Jerry Stuckle is currently offline  Jerry Stuckle
Messages: 2598
Registered: September 2010
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On 12/14/2010 10:40 PM, Moiv wrote:
> "Jerry Stuckle"<jstucklex(at)attglobal(dot)net> wrote in message
> news:ie9cmj$qlt$1(at)news(dot)eternal-september(dot)org...
>> On 12/14/2010 10:24 PM, Adam Harvey wrote:
>>> On Tue, 14 Dec 2010 22:17:46 -0500, Jerry Stuckle wrote:
>>>> On 12/14/2010 9:51 PM, Adam Harvey wrote:
>>>> > The Zend Engine License (available in Zend/LICENSE within the PHP
>>>> > source tree) explicitly deals with this problem. To quote section 4 of
>>>> > said licence:
>>>> >
>>>> > 4. Zend Technologies Ltd. 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 Zend Technologies Ltd. No one other than Zend
>>>> > Technologies Ltd. has the right to modify the terms applicable
>>>> > to
>>>> > covered code created under this License.
>>>> >
>>>> > The important bit is that covered code can always be used under the
>>>> > version of the Zend Engine License. Even in the incredibly unlikely
>>>> > situation that Zend were to get bought out and development of the Zend
>>>> > Engine was closed, the most recent version of the Zend Engine included
>>>> > in the PHP source tree would remain open source, and I dare say that
>>>> > development would continue on that open source version of the Zend
>>>> > Engine regardless: much of the work that occurs on the engine comes
>>>> > from developers who aren't employed by Zend anyway.
>>>>
>>>> The important point here is:
>>>>
>>>> "No one other than Zend Technologies Ltd. has the right to modify the
>>>> terms applicable to covered code created under this License.
>>>>
>>>> If someone buys Zend out, they are free to modify any and all licenses.
>>>> That includes revoking those same licenses.
>>>
>>> That has to be read in conjunction with the earlier part:
>>>
>>> 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.
>>>
>>> Zend can, of course, change the terms of the licence at any time by
>>> releasing a revised version of the licence, but you (and everyone else)
>>> retains the right to use the code released under the "Zend Engine
>>> License, Version 2.00" under those exact terms in perpetuity. That
>>> licence on that code is explicitly irrevocable.
>>>
>>> Adam, who will bow out of this thread now and leave Jerry to have the
>>> last word on how black is white.
>>
>> Better check with your attorney. They are perfectly legitimate in
>> revoking all licenses, effective immediately. A license is not perpetual
>> permission to use whatever product - it is permission at the discretion of
>> the owner.
>>
>
> Jerry, you are wrong.
>
>> 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
>
> But you don't *have* to choose to use such covered code under the terms of
> any subsequent version of the license.
> One would choose to ALWAYS continue to use it under the terms of THAT
> version.
>
>
> Have a nice day.
>
>

As I told Adam - I suggest you consult with an attorney.

The owner has the option of changing the license at any time. It is up
to you as to whether you accept the change; if not, you must stop using
the product. And they can also revoke all licenses at any time.
Whatever they have promised in previous licenses is pretty much
immaterial - at least in the U.S.

Now I don't think Zend would do this as they are. But if they are
bought out by someone, it very well could happen.

Now if you have actually paid for a product, the rules are different.
But that's not part of this discussion.

--
==================
Remove the "x" from my email address
Jerry Stuckle
JDS Computer Training Corp.
jstucklex(at)attglobal(dot)net
==================

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