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Re: New 'Public Domain' Licence



M?ns Rullg?rd wrote:
> astronut <astronut@gmail.com> writes:
> > I am probably wrong here, since I joined the list in the middle of the
> > discussion, but can't you just put a notice at the top of the code like
> > this?
> >
> > /* This code was written by <name> and is hereby released into the
> > public domain */
> 
> There are supposedly jurisdictions where the concept of public domain
> does not exist, and such a statement would have no meaning.  

The Netherlands is one. Well, we do have a public domain, but it
only contains works that by law have no copyright and works whose
copyright has expired.

_Probably_ a Dutch judge would treat the above statement as a
license that means "do whatever you want", since he's supposed to
reconstruct the intention of the author from such a vague statement.
And "do whatever you want" seems the intention.

But would <name> ever bring a lawsuit asserting copyright infringement?

(Well, maybe if his moral rights were infringed but he can't give
those up anyway)

Arnoud

-- 
Arnoud Engelfriet, Dutch patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/



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