Path: utzoo!utgpu!jarvis.csri.toronto.edu!mailrus!csd4.milw.wisc.edu!uxc!iuvax!rutgers!att!cuuxb!dlm
From: dlm@cuuxb.ATT.COM (Dennis L. Mumaugh)
Newsgroups: comp.misc
Subject: Re: What is "public domain", exactly?
Message-ID: <2463@cuuxb.ATT.COM>
Date: 7 Feb 89 23:08:53 GMT
References: <812@ur-cc.UUCP>
Reply-To: dlm@cuuxb.UUCP (Dennis L. Mumaugh)
Organization: ATT Data Systems Group, Lisle, Ill.
Lines: 47

In article <812@ur-cc.UUCP> msir@cc.rochester.edu (Mark Sirota) writes:

    I'm wondering exactly what "public domain" means.

There is a lot of mis-infomation of the exact meaning of this
term.  The best way to demonstrate the correct use is the
following quote:
	Copyright abandoned, 1983, The Rand Corporation
This is the meaning of "public domain".  No restrictions on use
or propagation.

    If I distribute a program I've written, and say "do what you
    want with it so long as you don't make any money and credit
    is given where credit is due", is that public domain?
No.
     If not, what is it?
It is copyright with restricted usage rights.
     Shareware?
No, that means limited use and resdistribution but I lay on you a
guilt trip to pay me, but I won't prosecute if I catch you.  But
the software is still owned by the author.
     Copy-left?
    (What is copy-left?)
That is what some people call what you described above.
    Perhaps what I really want is definitions of all these
    related terms.
There are only 4 categories of software: copyright, trade secret
protected, patented, and public domain.  The copyright law
provides general copyright protection until the author takes
other action.  One cannot restrict in any way usage of a product
and then claim it to be public domain.

Simlarly one cannot control via trade secret any copyright
material, nor any patented material.  If the author or publisher
exerts any control or legal rights in the work it is not public
domain.  Or, public domain means no-one can control the use of
the work or its redistribution.  Hence, copyleft and shareware
and GNU software are not in the public domain since they exact
obligations on the user and restrict its use.  GNU requires one
to provide all people that receive the software the source.  I.e.
a person marketing the C compiler must provide the source and not
restrict the use or distribution of the compiler or source.
Since one cannot do what one pleases (or really not do what he
pleases) it is not public domain.
-- 
=Dennis L. Mumaugh
 Lisle, IL       ...!{att,lll-crg}!cuuxb!dlm  OR cuuxb!dlm@arpa.att.com