On Wednesday 24 August 2005 01:38 am, Thijs Kinkhorst wrote: > I fail to understand why the licence under which the PHP programming > language resorts, can govern software under the GPL, since the PHP licence > only mentions derivative works, not applications written in that > programming language. If phpbb would be a PHP-derivative you would be > completely correct. But it's clearly not, so in what way do those terms > apply to it?
I'm pretty sure it is a PHP-derivative. It relies on all sorts of built in PHP functions to create the finished work. Perhaps... PERHAPS... the code you download for phpbb, on its own, MIGHT be a separate and distinct work, but it's not "phpbb" until it's merged with PHP functions to create the finished, derived work. Now, some might claim a defense under (s)107(a)(1) of the U.S. Copyright statute that says that "copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner" is not infringement... but just because it's not infringement does not make the resulting work a derivative work. So that's why the terms apply, Sean -- Sean Kellogg 3rd Year - University of Washington School of Law Graduate & Professional Student Senate Treasurer UW Service & Activities Committee Interim Chair w: http://www.probonogeek.org So, let go ...Jump in ...Oh well, what you waiting for? ...it's all right ...'Cause there's beauty in the breakdown
