The Software Freedom Law Show

Episode 0x23: Public Domain

16 March 2010

Aaron, Karen and Bradley discuss issues around the public domain and how it relates to copyright in general and copyrights on software in particular.

This show was released on Tuesday 16 March 2010; its running time is 00:58:13.

Aaron, Bradley, and Karen consider Aaron's status as a “special host”. Bradley wondered if that meant Aaron hosted a parasite. (Aaron subsequently got sick two days after recording, and is now playing the role of a biological “special host”.)
Bradley joked that copyright never expires in the USA due to retroactive extensions enacted by Congress. Aaron noted the Sony Bono 1998 Copyright Extension Act was the most recent act to do this. (05:47, 06:28)
Public domain dedications are relatively easy in the USA, but moral rights issues in European jurisdictions make public domain dedications difficult. (17:19)
The Berne Convention respects the issue of public domain, insofar as something definitely in the public domain in one country doesn't fall under copyright restrictions in other countries, but doesn't do much more than that regarding public domain. (17:30)
Creative Commons wrote CC0 to attempt to harmonize public domain dedication around the world. (18:53)
Bradley pointed out that the “WTFPL” license FAQ points out that it exists in part because of difficulties in putting things in the public domain in some jurisdictions. (25:36)
Karen looked up the word merchantability in Black's Law Dictionary. (30:07)

Bradley was apparently wrong, saleable is a word, and some few online dictionaries say sailable is a word (30:30)
Aaron mentioned the Typography for Lawyers website, which has a good section on using all-caps text. (33:27)
Bradley encouraged use of \textsc{} in LaTeX instead of writing in all caps, but laments that lawyers he's talked to about it can't be convinced. (34:30)
Black's Law Dictionary says public domain is the rule; intellectual property is the exception. Bradley lamented that he wishes that were actually true. (35:17)

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