Public domain software is not open-source?

Matthew Flaschen matthew.flaschen at
Wed Mar 5 02:04:33 UTC 2008

Rick Moen wrote:
> Quoting Matthew Flaschen (matthew.flaschen at
>> Philippe Verdy wrote:
>>> You forgot to give the copyright notice (independantly of the licence
>>> providing grants of use or transmission and forwarding)... You are in
>>> trouble because of violation of your own terms by yourself!
>> The Berne convention does not require a copyright notice.  He can not 
>> violate his own license by omitting one.
> He could not violate his own licence anyway, because -- obviously -- he
> doesn't _need_ a licence to use a creative work whose copyright he owns
> outright.

Yes, that's why he can't violate the license.  The Berne convention 
point is separate, and shows that he can still claim copyright.

Matt Flaschen

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