Please add "Public Domain" to "license" list

Bob Doyle bobdoyle at skybuilders.com
Fri Mar 14 18:14:09 UTC 2003


David,

Although they target "content" itself rather than source code, you might 
take a look at the several Creative Commons licenses 
(http://www.creativecommons.org), including one Public Domain.

Another similar effort is the Open COntent License 
(http://www.opencontent.org/).


David A. Wheeler wrote:

>Hello - I'd like to ask OSI to add "Public Domain" to the
>open source software license list at:
> http://www.opensource.org/licenses/index.php
>
>I have several reasons for this request.
>
>First, it clarifies the status of public domain software.
>Some people do not realize that
>source code in the "public domain" is open source software.
>I've been having discussions with a lawyer specifically on that
>point - the lawyer doesn't think public domain software is
>open source software.  If I could point to the OSI and say
>"look! there it is!", it'd be much clearer.
>
>Second, a "license" text would help people who intend to
>make their source code public domain.  Some programmers don't
>realize that copyright is now automatic, and that they HAVE to
>EXPLICITLY give it into the public domain for it to be
>public domain.  And even if they know that, they may not know
>the right legal incantations to do so.  Some suggested language
>would go a long way.
>
>Third, you could make it clear that the SOURCE CODE has to be
>in the public domain for this to work.  Declaring that an
>object code is in the public domain isn't enough.
>
>Yes, strictly speaking "public domain" isn't a license.
>But it has all the workings of one, so for consistency's sake I
>think you can treat it as a license and all works out.
>
>Version 1.4 of the open source definition made this clear; its
>section 10 states that certification marks could be shown for
>"for source code explicitly placed in the public domain."
>However,  when section 10 was removed, this clarity was
>removed as well.
>
>The OSI has always had the position that public domain software
>is open source software.  I just ask that the OSI clearly
>state this in their current text.
>
>Thank you very much.
>
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>license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3
>  
>


-- 
Bob Doyle
http://www.skyBuilders.com
77 Huron Avenue
Cambridge, MA 02138
617-876-5678 


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