Subject: Re: Can OSI specify that public domain is open source?
From: Karl Fogel <>
Date: Wed, 07 Sep 2011 15:30:38 -0400

Tom Callaway <> writes:
>Well, your answer isn't even wholly correct. Unless you're prepared to
>write a book's worth of legalese about dealing with Public Domain, I
>would strongly suggest that you reconsider. Just because something is in
>the Public Domain in the United States does not mean that it is no
>longer under copyright in other jurisdictions and vice versa, and a
>simple statement that "public domain is open source" is false in many cases.

The same is true for the interpretations of many of the licenses we've
approved.  International law is hard.  We would have to simply write
that the meaning of public domain differs jurisdictionally, point to the
relevant resources, and if the material proves insufficient over time,
we'll improve it.

The status quo is causing confusion, that much we know.

Which part of my answer wasn't correct, by the way?