Please add "Public Domain" to "license" list

[Rod Dixon]

The "public domain" is NOT viewed as synonymous with software licensed
under an open source license.

Rod


On Fri, 14 Mar 2003, 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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