Debian rejects APSL?

Andrew Greenberg werdna at mucow.com
Tue Jun 21 23:46:43 UTC 2005


On Jun 21, 2005, at 2:06 PM, Lex Spoon wrote:

>> Lex, what advantages are you talking about?
>>
>
> As I stated in the text you quoted, the advantage that it's rock-solid
> established law followed internationally.

What is rock-solid?  I really have no idea what you are talking about.

> I retract my comment about
> the Berne Convention, because I don't see it in there despite an
> occasional web page saying it is.  On the other hand, it does appear
> that authors can easily put things into public domain in  
> practically all
> countries.  Am I mistaken?

Ok, I think you are suggesting that dedication is possible everywhere  
copyright is permitted.  Fair enough, and I agree (although to be  
effective in some nations, including the US, dedication and  
assignments have to be in a writing signed by the owner).

I am unaware, however, of any nations in which licensing is not  
permitted and routine.  What are the advantages?

> Assuming this is correct, public-domain has a substantial advantage.

Over what?

> You know what it means and you can safely assume it will hold up as
> expected in most jurisdictions.  To contrast, different countries have
> varying requirements for what counts as a valid license at all, and  
> thus
> it is not even know yet which OSI licenses are valid in which  
> countries.

Different countries also have varying requirements for what counts as  
dedication.  In the US, you can have implied licenses.  You cannot  
have, however, implied dedication.  Although a non-signed dedication  
probably constitutes an implied license.

> Two people have now claimed that you cannot disclaim warranty if you
> release something to the public domain, but I don't see how that is
> true.  You just do it.

But your disclaimer may or may not be effective, in the absence of a  
contract.  In the licensing context, at least under US law, the  
licensor is granting consideration (license grant) in exchange for  
certain promises, and pursuant to various contractual standards.   
There is offer, acceptance and consideration -- and thus a warranty,  
disclaimed, limitation of liability, agreed to.

>     I release the files in this work to the public domain.  I
>     disclaim all interest in this work.  I do NOT guarantee the
>     work to be fit for any purpose whatsoever.  Do not attempt
>     to use it in a nuclear power facility, as a dinner recipe, as  
> light
>     reading, [etc. etc. etc.]

I can't tell you that you would be free from liability in this  
scenario, or that such liability, if any, would be limited under this  
agreement.  The problem is that there is no contract.  Note, also,  
that the text in the file likely does not constitute a dedication  
under U.S. law, although I haven't thoroughly researched the question.

Clearly, public domain "licensors" have similar concerns.  For  
example, SQLite, does not accept contributions without WRITTEN and  
SIGNED dedications.




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