Can OSI specify that public domain is open source?

[Oleksandr Gavenko]

07.09.2011 22:47, Karl Fogel пишет:
> Oleksandr Gavenko<gavenkoa at gmail.com>  writes:
>> is in the public domain, that thing **is** open source.  ==>
>>    that thing **can be used** open source without any restrictions
>
> Yes, I believe these should be equivalent, since "meeting the OSD" is
> the same as "meeting the OSD", ahem :-).
>
Sorry I miss **in**.

I think that all agree that:

   If thing is in public domain, that thing **can be used in** open
source and/or without any restrictions.

But...

In general case Public domain is not agreement between author and
user.

http://www.opensource.org/docs/osd always state:

   'licence shall not ...'
   'licence must allow ...'

Statement that PB work also satisfy "The Open Source Definition"
is danger in this case as we need know that mean *licence*
in case of PB.