Subject: Re: Can OSI specify that public domain is open source?
From: John Cowan <>
Date: Wed, 7 Sep 2011 19:23:06 -0400

Andy Brooks scripsit:

> Also I have a question as to whether the US Gov would even have
> standing to sue in a European court. There are a lot of countries that
> don't have "work for hire" doctrines and therefore may not recognize
> the US Gov as the true author of the work.

That leads to very very sticky isues in the conflict of laws, a
primitive (my dad wrote an article on it called Marks of Primitivity in
the Conflict of Laws: A Jurisprudential Analysis 26 Rutgers L. Rev. 191
(1972-1973), which is on line but not freely available) and messy part
of the international (and even interstate, in the U.S.) legal system.
My *guess* is that a court would apply the law of the place where the
work was created to determine its owner, but that could be entirely

John Cowan
In the sciences, we are now uniquely privileged to sit side by side
with the giants on whose shoulders we stand.
        --Gerald Holton