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Re: Some licensing questions regarding celestia

[Claims of my density willfully exceeding DU snipped]

On Tue, 02 Sep 2003, Rick Moen wrote:
> Allow me to reiterate, then, what I believe I've already mentioned
> once before: There is also an absence of caselaw. 

We've established that. I maintain that the absence of caselaw is
merely attributable to the difficulty of finding an actionable claim.
You maintain that it's because dedicating a work to the public domain
is meaningless.

It would do much to advance your case if you would put forth an
argument delineating why a work properly dedicated to the public
domain would be meaningless, or at least devoid of the commonly
understood meaning.

My argument[1], for reference, is that a work dedicated to the public
domain is equivalent to a work with a license granting unlimited
unrevokable rights to the public to use, modify, copy, etc. [That is,
the same rights that public domain works afford to the public.] As no
statutory or case law exists to stop a copyright holder from making
such a license or dedication, such a dedication or license is
perfectly within the rights of the copyright holder to make.

> As I've already clarified, murky title and permission problems
> correlate strongly in my experience to assertions of public domain
> status -- as is not the case with statements of BSD-licensing.

It very well may be. But that in itself doesn't have anything to do
with the law and its effect upon non-erronious dedication to the
public domain.

>> What seems to be occuring here is a conflating of facts and law.
> This allegation is incorrect.

I'll try to be clearer: The facts surrounding works dedicated to the
public domain is, frankly, uninteresting to me. I really only wish to
discuss the law regarding them.

I do agree that the facts concerning works purportedly in the public
domain are of substantial interest for those who would make use of
them, and all who would use any such work should definetly be aware of
the ramifications of your research.

Don Armstrong
1: Well, it's not really mine. This is just the typically understood
meaning of dedicating a work to the public.
Fate and Temperament are two words for one and the same concept.
 -- Novalis [Hermann Hesse _Demian_]


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