Can OSI specify that public domain is open source?

[Andy Brooks]

On Wed, Sep 7, 2011 at 2:48 PM, John Cowan <cowan at mercury.ccil.org> wrote:

> Thorsten Glaser scripsit:
>


> It's a proprietary work belonging to the United States government, who
> could sue you in a German court for modifying or distributing it, at
> least in principle.  Presumably they would not, having no incentive to
> do so, and the court might decide that their Berne copyright had been
> abandoned -- but it might not.
>
>
I'm just curious... wouldn't that hypothetical act by the United States
government violate national treatment? National treatment is required of
Berne countries.

-Andy
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