Can OSI specify that public domain is open source?

[Oleksandr Gavenko]

07.09.2011 22:31, John Cowan пишет:
 > Karl Fogel scripsit:
 >> OSI can point out that it might be difficult for certain parties to
 >> place something in the public domain, but we should be clear about
 >> the fact that, once it is established that something is in the public
 >> domain, that thing is open source.  That's what I'd like to do.
 >
is in the public domain, that thing **is** open source.  ==>
    that thing **can be used** open source without any restrictions

 > But how is this to be established?  Barring forgery, if something is
 > said to be under the GPL or the BSD or the Apache license, it is so.
 > But saying something is in the public domain does *not* make it so, at
 > least not beyond the reach of dispute.
Intellectual property low in some countries (for example Russian,
Ukraine) have no concept of "public domain" and
any work defend by low without ability refuse this by author itself
(while author alive and 70 years after death).

But in another corner author can make agreement to allow do anything
with his work...