Can OSI specify that public domain is open source?

[Rod Dixon]

My view is that in the U.S., a work is added to the public domain primarily, if not exclusively, by operation of law. A work "authored" by the federal government may be one example and a work in which the limited term of copyright expires is another example. OSI's view is not relevant; the law controls the outcome. Of course, if you find the rare work (especially software) that has been added to the PD by operation of law, then it would be proper to assert that the work could be licensed under an open source license.  However, the licensor will want to be pretty sure of his or her view (not OSI's) that the work has been added to the PD.

Rod


Sent from my iPhone 

On Sep 7, 2011, at 2:35 PM, Karl Fogel <kfogel at red-bean.com> wrote:

> I'd like to work some material onto our web site confirming that
> software in the public domain (in the copyright-related sense used in
> the United States, which we would make clear) is open source.
> 
> Yes, I realize that we talk about "licenses" everywhere, and the text
> would make clear that public domain is not really a license, etc, etc.
> But I've seen this point cause confusion on a number of lists now,
> including some that matter, and we should just put it to bed.
> 
> I'm happy to do the work; I just want to make sure there isn't some
> historical debate I'm stepping into here.  Please let me know.  Silence,
> after a reasonable period of time, will be assent :-).
> 
> Best,
> -Karl
>