[License-review] New License for Consideration - Public Benefit Zero Copyright License v. 2.0

[Carlo Piana]

----- Messaggio originale -----
> Da: "McCoy Smith" <mccoy at lexpan.law>
> A: "license-review at lists.opensource.org" <license-review at lists.opensource.org>
> Inviato: Mercoledì, 18 dicembre 2024 17:05:08
> Oggetto: Re: [License-review] New License for Consideration - Public Benefit Zero Copyright License v. 2.0

> Let's remember that CC-0 is also a public domain dedication and a
> license. The license part is intended as a backstop in jurisdictions
> where the concept of dedicating something to the public domain does not
> exist.
> 

McCoy,

To clarify, I have nothing against using a PD dedication and a license by way of backstop where PD does not really exists in the fullest (Italy is one of those places, anyway). I actually advise to use both in the admittedly rare case I am asked.

In fact, by bedazzlement was caused by reading a *copyleft* license and a PD dedication in the same place, which is kinda counterintuitive and problematic, as one cannot really calculate the effect of the license in different jurisdictions.

OTOH, I stand corrected re: Pam's message on requiring legal review, bad choice of words on my side.

Cheers

Carlo



[...]
> 
> On 12/18/2024 3:46 AM, Carlo Piana wrote:
>> Kevin, you are right. This license is both dedication to public domain AND a
>> copyleft license (see clause 8 in the Definitions sections or 1, 2 in the
>> license grant part).
>>
>> I think this does not pass the minimum requirements for being considered at all.
>> For starter, it admittedly has not been reviewed by a lawyer, and I doubt that
>> a lawyer would have permitted:
>>
>> "In jurisdictions that recognize copyright laws, the author or authors
>> of this software dedicate any and all copyright interest in This
>> Software to the public domain **subject to the provisions above**"
>>
>> OSI requires prior review by a lawyer because there are things that a layman
>> very likely cannot consider, not just to enrich lawyers (who mostly do this job
>> pro bono, as we are doing now).
>>
>> Besides, it seems to deliver a grant only for copyright and not under every
>> right that encumbers the free use of the software.
>>
>> Cheers
>>
>> Carlo, in his own capacity
>>
>>
>>
>>
>>
>> ----- Messaggio originale -----
>>> Da: "Kevin P. Fleming" <lists.osi-license-review at kevin.km6g.us>
>>> A: "license-review at lists.opensource.org" <license-review at lists.opensource.org>
>>> Inviato: Mercoledì, 18 dicembre 2024 12:32:35
>>> Oggetto: Re: [License-review] New License for Consideration - Public Benefit
>>> Zero Copyright License v. 2.0
>>> On Tue, Dec 17, 2024, at 12:10, Wayne Thornton wrote:
>>>> Where the PBZC stands out from the CC0 is that it defines the types of software
>>>> and documentation to which it applies, and permits use of the public domain
>>>> software within commercially available software so long as the commercially
>>>> available software makes public the portions of source code which were used
>>>> subject to the PBZC.
>>> IANAL, and I don't play one on TV, but this seems untenable: if the copyright
>>> holder applies a 'license' which disclaims their copyright interest in the
>>> work, they will not have any standing or mechanism to enforce such a
>>> restriction. The only thing that gives them such standing in the normal case is
>>> their ownership of a copyright interest in the work.
>>> _______________________________________________
>>> The opinions expressed in this email are those of the sender and not necessarily
>>> those of the Open Source Initiative. Communication from the Open Source
>>> Initiative will be sent from an opensource.org email address.
>>> License-review mailing list
>>> License-review at lists.opensource.org
>>> http://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.org
>> _______________________________________________
>> The opinions expressed in this email are those of the sender and not necessarily
>> those of the Open Source Initiative. Communication from the Open Source
>> Initiative will be sent from an opensource.org email address.
>>
>> License-review mailing list
>> License-review at lists.opensource.org
>> http://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.org
> 
> _______________________________________________
> The opinions expressed in this email are those of the sender and not necessarily
> those of the Open Source Initiative. Communication from the Open Source
> Initiative will be sent from an opensource.org email address.
> 
> License-review mailing list
> License-review at lists.opensource.org
> http://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.org