They're not trying to have it both ways. They're saying, "Unless we have given you permission to use our IP, you don't have it." It's not like Yahoo is claimi

They're not trying to have it both ways. They're saying, "Unless we have given you permission to use our IP, you don't have it." It's not like Yahoo is claiming that BOSS is GPL'ed or anything. And even if it was FOSS, PHP has similar language in its license--you can't use the phrase "PHP" or the logo to endorse or promote any product without written permission. Language like this in a license never trumps fair use anyhow.