Can OSI specify that public domain is open source?

[John Cowan]

Andy Brooks scripsit:

> I'm just curious... wouldn't that hypothetical act by the United States
> government violate national treatment? National treatment is required of
> Berne countries.

National treatment only means that foreign creators get the same copyright
protection as native ones.  It does not mean that a privilege extended
to natives (in this case the privilege of using U.S. government works
freely) must be extended to all foreigners.

IANAL, TINLA

-- 
Here lies the Christian,                        John Cowan
        judge, and poet Peter,                  http://www.ccil.org/~cowan
Who broke the laws of God                       cowan at ccil.org
        and man and metre.