Changeset - 62a0c3b4fb65
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Bradley Kuhn (bkuhn) - 10 years ago 2014-03-15 17:56:28
bkuhn@ebb.org
Wordsmithing in the public domain section.
1 file changed with 11 insertions and 11 deletions:
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gpl-lgpl.tex
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@@ -370,32 +370,32 @@ Theoretically, an author can create public domain software by disclaiming all
 
copyright interest on the work. In the USA and other countries that have
 
signed the Berne convention on copyright, software is copyrighted
 
automatically by the author when she ``fixes the software into a tangible
 
medium.''  In the software world, this usually means typing the source code
 
of the software into a file.
 

	
 
Imagine if an author can truly disclaim that default control given to her by the
 
copyright laws. Once this is done, the software is in the public domain
 
--- it is no longer covered by copyright. Since it is copyright law that
 
allows for various controls on software (i.e., prohibition of copying,
 
modification, and redistribution), removing the software from the
 
copyright system and placing it into the public domain does yield Free
 
Software.
 
Imagine if authors could truly disclaim those default control of copyright
 
law.  If so, the software is in the public domain -- no longer covered by
 
copyright.  Since copyright law is the construction allowing for most
 
restrictions on software (i.e., prohibition of copying, modification, and
 
redistribution), removing the software from the copyright system usually
 
yields software freedom for its users.
 

	
 
Carefully note that software in the public domain is \emph{not} licensed
 
in any way. It is nonsensical to say software is ``licensed for the
 
public domain,'' or any phrase that implies the copyright holder gave
 
expressed permission to take actions governed by copyright law.
 

	
 
By contrast, what the copyright holder has done is renounce her copyright
 
controls on the work. The law gave her controls over the work, and she
 
has chosen to waive those controls. Software in the public domain is
 
absent copyright and absent a license. The software freedoms discussed in
 
By contrast, the copyright holders instead renounced copyright controls on
 
the work.  The law gave the copyright holder exclusive controls over the
 
work, and they chose to waive those controls.  Software in the public domain
 
is absent copyright and absent a license. The software freedoms discussed in
 
Section~\ref{Free Software Definition} are all granted because there is no
 
legal system in play to take them away.
 

	
 

	
 
\subsection{Why Copyright Free Software?}
 

	
 
If simply disclaiming copyright on software yields Free Software, then it
 
stands to reason that putting software into the public domain is the
 
easiest and most straightforward way to produce Free Software. Indeed,
 
some major Free Software projects have chosen this method for making their
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