[od-discuss] Open Definition 2.1 final draft

[Andrew Rens]

Thanks Mike


  1.1  specifically "The *work* /must/ be provided
> > under an open *license"
> >
> > *
> > This seems to preclude knowledge which is open because it is in the
> > public domain.
>
> Explicitly not intended to:

I didn't think it was intended to exclude public domain but that is does
not seem clear to me.


> above there reads "The term license refers
> to the legal conditions under which the work is provided. Where no
> license has been offered the term refers to default legal conditions
> governing use of the work (for example, copyright or public domain)."
>
> This wording may be improved, conceivably we should use some other word,
> and "(as defined in Section 2)" might distract from above "refers to...".
>
>
> The phrase "default legal conditions" doesn't seem to cover public domain
by waiver very easily.  A work released into the public domain via CC 0 is
not in the public domain by default.
Yes once its in the public domain then it remains there by default and no
further permissions are necessary.

I'd also like to understand what is meant that a work can be open under a
default legal condition of copyright.

Most alternative words to use in place of licence seem to have a similar
problem; 'permission' and ''terms' both suggest that the public domain is a
special kind of permission rather than the absence of a requirement to get
permission. Trying to find a master term for public domain and licence
risks confusion for the extensive reference to

One approach would be to shift the detail on this 1.1

To do this would involve retaining the definition of licence in the
definitions: "The term *license* refers to the legal conditions under which
the work is provided" but adding a phrase to distinguish this from works in
the public domain: "if the work may be subject to copyright or database
rights".

Then 1.1 could be entitled:
1.1 Open License *Or Status*

The words "Or Status" indicate that for purposes of 1.1 there are two
possible conditions that make a work open. I do not recommend using the
term status as an term for both license and public domain since its not
widely used or understood in this way.

The body of 1.1 could then read

"The *work* must be provided under an open *license* (as defined in Section
2) or in the public domain. A work may be in the public domain by default
or because is has been released into the public domain by a successful
waiver of all copyright and database rights. Any additional terms
accompanying the work (such as a terms of use, or patents held by the
licensor) must not contradict the terms of the license."


Andrew



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