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Re: Public domain and DEP-5-compliant debian/copyright



Florent Rougon <f.rougon@free.fr> writes:

> 1. I have files in a program with the following "copyright" statement:
>
>      # Copyright (C) 2002-2010, 2013, 2014  ...
>      # Copyright (C) 2000  ...
>      #
>      # This program is in the public domain.
>
>    but, as I understand it, public domain is the absence of copyright...
>    right?

Right. The quoted statement is self-contradictory. It asserts copyright,
and gives no grounds for the “public domain” claim.

It also fails to grant license for any of the DFSG freedoms. So by
strict interpretation of the statement in view of rigid application of
copyright law, the work is effectively non-free software.

> Would it be better to replace this with:
>
>      # Contributors: 2002-2010, 2013, 2014  ...
>      #               2000  ...
>      #
>      # This program is in the public domain.
>
>    ?

Even in the absence of a copyright statement, copyright still obtains in
any Berne Convention signatory jurisdiction. Merely stating that a work
is in the public domain does not clearly make it so.

Since it's nearly impossible to remove copyright in a work under most
jurisdictions, the best course is to write the copyright statement to
clearly attribute the copyright holders and years of publication.

What is needed, for this work to clearly be free software, is for the
copyright holders to explicitly grant license in the work, saying
unambiguously what freedoms all recipients have.

Since the apparent intent is to:

* Show attribution of the copyright holders.
* Permit every recipient a very free license.

I would recommend the copyright holders re-release the work clearly
marked with a license grant of broad attribution-only license
conditions; the Apache Software Foundation License 2.0
<URL:http://directory.fsf.org/wiki/License:Apache2.0> is a good one IMO.

> Thanks in advance for your answers, please Cc me as I am not
> subscribed.

Done. I hope this helps.

-- 
 \      “Life does not cease to be funny when people die any more than |
  `\  it ceases to be serious when people laugh.” —George Bernard Shaw |
_o__)                                                                  |
Ben Finney


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