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Talkback:155/moen.html

[ In reference to "Book Review: Understanding Open Source and Free Software Licensing" in LG#155 ]

Jimmy O'Regan [joregan at gmail.com]


Fri, 27 Feb 2009 00:03:59 +0000

2008/9/22 Rick Moen <rick@linuxmafia.com>:

> the licensed work.)  Is it possible to donate a work of original
> ownership directly to the public domain, despite the lack of any legal
> mechanism for doing so?  Is it desirable to have a choice-of-law

Probably not, but you can now dedicate a work to 'the Commons': http://creativecommons.org/licenses/zero/1.0/

'The person who associated a work with this document has dedicated
this work to the Commons by waiving all of his or her rights to the
work under copyright law and all related or neighboring legal rights
he or she had in the work, to the extent allowable by law.'


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Rick Moen [rick at linuxmafia.com]


Thu, 26 Feb 2009 16:44:35 -0800

Quoting Jimmy O'Regan (joregan@gmail.com):

> 2008/9/22 Rick Moen <rick@linuxmafia.com>:
> > the licensed work.)  Is it possible to donate a work of original
> > ownership directly to the public domain, despite the lack of any legal
> > mechanism for doing so?  Is it desirable to have a choice-of-law
> 
> Probably not, but you can now dedicate a work to 'the Commons':
> http://creativecommons.org/licenses/zero/1.0/
> 
> 'The person who associated a work with this document has dedicated
> this work to the Commons by waiving all of his or her rights to the
> work under copyright law and all related or neighboring legal rights
> he or she had in the work, to the extent allowable by law.'

Yes, I actually talk about the "CC0 Waiver"[1] in my comprehensive rundown (Web page) on legal problems that may result from purporting (as copyright owner) to use any PD grant, including Creative Commons's. The page includes a dialogue I had with CC co-founder, Prof. Lawrence Lessig, where he acknowledges that the concept is problematic, and that the CC0 Waiver is merely CC's effort to "frame the dedication in as complete and reliable way as possible".

My page also points out that all such problems can be completely avoided easily by using, instead, a simple one-line permissive licence grant (with example cited) -- or two lines if you disclaim warranties (which is advisable).

http://linuxmafia.com/faq/Licensing_and_Law/public-domain.html

[1] I guess they must have recently retired that term, and are now calling it "Commons Deed" or CC0. I'll update my page, accordingly.

-- 
Cheers,                                Bad Unabomber!
Rick Moen                              Blowing people all to hell.
rick@linuxmafia.com                    Do you take requests?
               --  Unabomber Haiku Contest, CyberLaw mailing list


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