Subject: Re: Public domain software is not open-source?
From: Rick Moen <>
Date: Sat, 1 Mar 2008 23:44:09 -0800

Quoting Matthew Flaschen (

> Public domain is certainly not a license, so it can't be an approved 
> open source license.

"Objection, your honour.  Lacks foundation."

I.e., your discussion assumes software that actually _is_ in the public
domain, but which software are you speaking of -- and isn't the question
of whether it's really public domain or not the very thing that must
first be determined?  

See:  "Public Domain" on ,
for my recap of some obstacles to unambiguously nullifying, by act of
will, a work's copyright ownership interest, before expiration of its
copyright term.