Please add "Public Domain" to "license" list

[David A. Wheeler]

Hello - I'd like to ask OSI to add "Public Domain" to the
open source software license list at:
 http://www.opensource.org/licenses/index.php

I have several reasons for this request.

First, it clarifies the status of public domain software.
Some people do not realize that
source code in the "public domain" is open source software.
I've been having discussions with a lawyer specifically on that
point - the lawyer doesn't think public domain software is
open source software.  If I could point to the OSI and say
"look! there it is!", it'd be much clearer.

Second, a "license" text would help people who intend to
make their source code public domain.  Some programmers don't
realize that copyright is now automatic, and that they HAVE to
EXPLICITLY give it into the public domain for it to be
public domain.  And even if they know that, they may not know
the right legal incantations to do so.  Some suggested language
would go a long way.

Third, you could make it clear that the SOURCE CODE has to be
in the public domain for this to work.  Declaring that an
object code is in the public domain isn't enough.

Yes, strictly speaking "public domain" isn't a license.
But it has all the workings of one, so for consistency's sake I
think you can treat it as a license and all works out.

Version 1.4 of the open source definition made this clear; its
section 10 states that certification marks could be shown for
"for source code explicitly placed in the public domain."
However,  when section 10 was removed, this clarity was
removed as well.

The OSI has always had the position that public domain software
is open source software.  I just ask that the OSI clearly
state this in their current text.

Thank you very much.

--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3