[od-discuss] Open Definition 2.1 final draft

Andrew Rens andrewrens at gmail.com
Tue Jul 28 21:43:29 UTC 2015


Thanks Aaron


Aaron pointed out:

"This is so tough, but there's insanity here. In Norway, they passed a
law saying that if there's no copyright holder to get a license from,
you have to pay some tax to the state because we can't have it where you
just use things freely! So public domain is actually non-open in
Norway!! WTF"


Yes indeed! WTF

In some jurisdictions there is some dispute about whether it is possible to
give up all rights. Because of that dispute both CC 0 and ODC PDDL have
residual licences that do not require attribution or indeed anything else
since they give up as many rights as is possible but are still licences.

In such a jurisdiction this sentence become important: "A work is released
into the public domain by a successful waiver of all copyright and database
rights."
There would not be a successful waiver in that jurisdiction - however the
residuary license in CC 0 or the ODC PDDL would then qualify as "under an
open *license* (as defined in Section 2)" so the work would still be open.

Andrew




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