[Fedora-legal-list] Bunling differently-licensed code for unit tests

[Tom Callaway]

On 09/23/2011 03:07 AM, Mathieu Bridon wrote:
> Is PHP_CompatInfo considered a derived work of PHP because it includes a
> file from the PHP source code in its unit tests? Should the upstream
> author be concerned about renaming his module, or asking for permission
> to the PHP group? If he gets a written permission, should it (most
> likely the email with full headers) be included in Remi's package?

Keeping in mind that I'm:

A) Not the copyright holder for either PHP or PHP_CompatInfo
B) Not a lawyer

I would have to say that the core of PHP_CompatInfo is not considered a
derived work of PHP because it includes a file from the PHP source code
in its unit tests. Now, depending on how that file is included, it is
hypothetically possible that the _unit tests_ could be considered a
derived work of PHP, so it probably would not be a terrible idea for the
upstream copyright holder of PHP_CompatInfo to inform upstream of this
use, the concern around the name overlap, and confirm that everything is
acceptable from their perspective.

If upstream receives written permission, they should simply indicate
that they have done so in some form. Could be as simple as a comment in
the README or as complicated as a copy of the email with full headers.

Either way, we should defer this issue to the upstream copyright holder
for resolution.

~tom

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Fedora Project