[License-review] Request for legacy approval: The Unlicense

[Pamela Chestek]

On 3/28/20 11:03 AM, osi-license-review at jaeckel.eu wrote:
> The license
> ===========
>
> This is free and unencumbered software released into the public domain.
>
> Anyone is free to copy, modify, publish, use, compile, sell, or
> distribute this software, either in source code form or as a compiled
> binary, for any purpose, commercial or non-commercial, and by any
> means.
>
> In jurisdictions that recognize copyright laws, the author or authors
> of this software dedicate any and all copyright interest in the
> software to the public domain. We make this dedication for the benefit
> of the public at large and to the detriment of our heirs and
> successors. We intend this dedication to be an overt act of
> relinquishment in perpetuity of all present and future rights to this
> software under copyright law.
>
> THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
> EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
> MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
> IN NO EVENT SHALL THE AUTHORS BE LIABLE FOR ANY CLAIM, DAMAGES OR
> OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE,
> ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
> OTHER DEALINGS IN THE SOFTWARE.
>
> For more information, please refer to <http://unlicense.org/>
>
I don't understand the concern with this document. Why isn't the second 
paragraph (starting with "Anyone is free ...") an expansive license 
grant that covers all situations?

If I were asked to interpret this license, I would say that the use of 
the term "public domain" is naive and likely incorrect (including in the 
US), but the intent of the author is clear. They want to relinquish all 
rights, which is effectively accomplished in the second paragraph, and 
the third paragraph makes it clear how expansive they want the 
relinquishment to be. I don't see how a court could misinterpret this 
document in any way that could be contrary to the OSD.

Pam

Pamela S. Chestek
Chestek Legal
PO Box 2492
Raleigh, NC 27602
pamela at chesteklegal.com
919-800-8033
www.chesteklegal.com