Subject: Re: Can OSI specify that public domain is open source?
From: Thorsten Glaser <>
Date: Wed, 7 Sep 2011 23:15:21 +0000 (UTC)

Andy Brooks <ajbrooks <at>> writes:

> I think Rick's correct. From the Dam Things case (
scholar_case?case=1360880396028036231): "An author's right to protection of the 
derivative work only extends to the elements that he has added to the work; he 
cannot receive protection for the underlying work."

He’s still the only _author_ of the derivate.

> A non-American in that situation would probably only be able to use the 
elements added to the underlying work.

Depends. The right to reuse the derivate may not fall together with
the parts of the work under protection. But this is all a grey zone…

> Also I have a question as to whether the US Gov would even have standing to 
sue in a European court.

Think Colin Plumb then, please. (Assuming his PD dedication stands.
If not, we’re in deep $hit anyway, but then assume some fictive person
whose PD dedication stands, but is not in the government.)