Can OSI specify that public domain is open source?

[Rick Moen]

Quoting Chad Perrin (perrin at apotheon.com):

> I'd have agreed -- but I'd also say that it *is* open source wherever the
> license applied, but not the patent, just as I'd say that SQLite is open
> source wherever its public domain status was accepted by law, but not
> where it wasn't.

And I'd certainly not mind your characterisation of a work covered by 
enforced and expensive patents -- as long as you included a pedantic
footnote of your own, saying 'When I say mod_ssl is open source in the
USA, I mean the licence theoretically gives you open source rights, even
though those rights are mostly nullified by your patent obligations to
RSA Data Security, Inc.'

Sounds pretty silly to insist on a theoretical category that inherently
rests on conveyance of legal rights, in cases where you know those
rights aren't available, but -- hey -- you write your coverage any way
you want, and the rest of us will complain later.