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40 votes

Why is there no public domain licensing in Europe?

With respect to my colleague planetmaker, public domain is not a US-specific concept. It dates back to the first copyright law in the world, Britain's 1710 Statute of Anne, where it was referred to ...
MadHatter's user avatar
  • 49.2k
21 votes

Why is there no public domain licensing in Europe?

I will give an example specifically for the jurisdiction that I am most familiar with, which is Germany. Germany doesn't have "copyright". We have "Urheberrecht" (literally translated "Originator's ...
Jörg W Mittag's user avatar
17 votes

Which SPDX-License-Identifier should I use for "Public Domain"?

https://wiki.spdx.org/view/Legal_Team/Decisions/Dealing_with_Public_Domain_within_SPDX_Files SPDX policy is to treat these as custom licenses on a case by case basis. Due to the ambiguity of the term '...
user1937198's user avatar
14 votes
Accepted

Why use licenses? Why not release open source code to public domain?

The answer is actually pretty complicated. Public Domain isn't a thing everywhere This may be surprising, but in many jurisdictions, the concept of the public domain doesn't exist. Even for ...
Zizouz212's user avatar
  • 6,469
14 votes
Accepted

Is there any reason to not use 0BSD?

I recently worked with the team at GitHub to provide more information about 0BSD. More info about Landly's 0BSD now appears on choosealicense.com and, subsequently, will appear on GitHub license drop-...
vhs's user avatar
  • 370
12 votes
Accepted

Recommended license for small script without an attribution clause?

Kyle E. Mitchell on /dev/lawyer makes a compelling argument against using no-attribution licenses like 0BSD, et al.: Some recent licenses, like 0BSD, omit attribution conditions. There is literally ...
Radish's user avatar
  • 433
12 votes

How to prevent using source code as data source for machine learning activities?

Let me clarify, again, the old misunderstanding, by pointing out that licences don't inhere in code, their obligations attach to recipients through the act of conveyance. If you are the sole ...
MadHatter's user avatar
  • 49.2k
12 votes

Are the 0BSD and MIT-0 licenses public domain declarations?

The distinguishing characteristic of public domain works is that no intellectual property rights apply to them. This may be because of the nature of the work or of its creator, because the owner of ...
John Bollinger's user avatar
9 votes
Accepted

Can I use BSD / MIT licensed code in a public-domain equivalent project?

You cannot license the work as a whole under CC0. You do not have the ability to commit other authors' work to the public domain or remove an author's requirement that distribution of their work ...
apsillers's user avatar
  • 36.2k
8 votes
Accepted

Can software be both MIT licensed and in the public domain?

Firstly, no it's not invalid at all. It's always valid to dual or multi license a product under many licenses, even completely contradictory licenses. When you dual license something the recipients ...
curiousdannii's user avatar
8 votes

Who is responsible for code being in the public domain?

You can never assume that the software that you receive is properly licensed. It is your responsibility to check that you are indeed allowed to use it under said license. Therefore if someone put ...
Zimm i48's user avatar
  • 5,597
8 votes
Accepted

Using code with copyright waiver and no license

This type of notice is known as public domain dedication. Only the copyright holder can do so. Only the copyright owner can dedicate a work to the public domain. - https://fairuse.stanford.edu/...
guest's user avatar
  • 146
8 votes
Accepted

License for public "WTFYW to do" code snippets on Stack Overflow and other places?

The CC0 is an excellent instrument for making it possible for everyone to use a software. It effectively disclaims all copyright you may have to the fullest degree possible. Thus, if you want anyone ...
amon's user avatar
  • 39k
7 votes
Accepted

Can CC0 works be called "Copyright free"?

This is explained in the CC0 license itself under "The Problem": Few if any jurisdictions have a process for [contributing their works for public use before applicable copyright or database ...
Brandin's user avatar
  • 2,585
7 votes
Accepted

What are the limitations of CC0 vs Public Domain

I don't think CC0 has any shortcomings compared to Public Domain. After all, CC0 was created with the explicit goal of fixing shortcomings of the simple method of writing "this is released to the ...
sleske's user avatar
  • 191
7 votes
Accepted

"SQLite is illegal in Germany" - really?

I think "illegal" is not quite the right word (but it was in a quick parenthetical, so I don't expect perfect precision). I think the intent here was that SQLite not legally safe to use in Germany, ...
apsillers's user avatar
  • 36.2k
7 votes
Accepted

Can the 0-clause BSD license be used for public domain work?

Is 0BSD actually a valid license for work in the public domain? Technically not, because you are trying to give a copyright license on something that isn't protected by copyright law. Would it cause ...
Bart van Ingen Schenau's user avatar
6 votes

Why use licenses? Why not release open source code to public domain?

Aside from the legal convenience of very explicitly listing out the rights... Many open source developers wouldn't mind getting acknowledged for their work, and very few people and corporations mind ...
Daniel's user avatar
  • 512
6 votes

Is there any reason to not use 0BSD?

There is at least one reason to avoid 0BSD: it's not popular. Meaning that most likely it was not reviewed by most corporation's law departments. If I were to use or contribute to 0BSD code at work I'...
rvs's user avatar
  • 473
6 votes

Public domain software in Europe

In the provided link, there are two statements regarding copyright: A derived work of a work in the public domain is itself not in the public domain. A display of public domain artwork is itself ...
Bart van Ingen Schenau's user avatar
6 votes

Credit for re-used public domain code?

Yes. If something is truly public domain, then there is no copyright it at all. Note that only your changes are under the new copyright, not the original public domain code. However, it sounds like ...
Max Xiong's user avatar
  • 987
6 votes
Accepted

What are the benefits of Unlicense/PD over BSD0?

Public domain (PD) indicates a copyright status, for example that copyright has expired or was relinquished by the copyright holder. While this provides for maximum permissiveness, giving up copyright ...
amon's user avatar
  • 39k
6 votes
Accepted

What should be taken into account when licensing software that generate video?

I license the code for an animation as GPLv3, but unless I state a license for the generated video, someone could take the code and sell the generated video. (Correct me if I'm wrong in this example) ...
MadHatter's user avatar
  • 49.2k
6 votes

Which SPDX-License-Identifier should I use for "Public Domain"?

'Public Domain' as a concept does not exist in all jurisdictions. For example Germany has the term 'Gemeinfreiheit', which is similar, but not the same. If you reside in a jurisdiction, which accepts ...
Martin_in_AUT's user avatar
5 votes

Using public domain code within Apache-or-MIT licensed project

I don't really like the UNLICENSE, because I am not 100% convinced that that license does exactly what was intended in jurisdictions that don't allow you to dedicate your work into the public domain1. ...
Bart van Ingen Schenau's user avatar
5 votes

"SQLite is illegal in Germany" - really?

No. It's used in e.g. Firefox, Android and Safari - all of which are used in Germany by millions. But public domain means different things in different jurisdictions.
Martin Schröder's user avatar
5 votes
Accepted

Releasing software as Kopimi

The Wikipedia article you linked to notes: While Kopimi may appear to be a radical free content license, in effect similar to Creative Commons Zero, no one associated with PiratbyrÄn ever called ...
apsillers's user avatar
  • 36.2k
5 votes

Why use licenses? Why not release open source code to public domain?

instead of simply releasing the code into the public domain In addition to Zizouz212's great answer let me add that there is no way to "simply release code in the public domain". When you put some ...
Zimm i48's user avatar
  • 5,597
5 votes
Accepted

How do I turn a public domain project into a MIT project

Short answer: You can do what you want. If you are the original author of a work, you have the right to do anything with it[1]. Whether you gave it away under some license before doesn't matter. ...
MAP's user avatar
  • 523
5 votes

Why is there no public domain licensing in Europe?

It's actually very simple: The term "public domain" is not a legal term, it's strictly US-specific. So it bears no meaning legally outside US. (So in reality US is special here, not "the rest of the ...
planetmaker's user avatar
  • 11.2k

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