Public Domain (Was Re: [vox] expectation of privacy on an open mailing list?)

[Bill Kendrick <nbs@sonic.nMAPSet>]

On Mon, Jan 06, 2003 at 09:34:24PM -0800, Richard S. Crawford wrote:
<snip>
> The only way that something is not copyrighted is if the creator of
> a work explicitly states that the work is to be placed in the public domain.

I thought when Mr. Rosen came to speak at LUGOD he explained that this
is untrue.  You apparently can't just go and create something and say
"be free! you are now in the Public Domain!"

He's mentioned it elsewhere, as well:

  http://www.mail-archive.com/license-discuss@opensource.org/msg03380.html

    "Nobody can 'do away' with their copyright 'by providing a notice that
    places the work in the public domain.'"


  http://www.mail-archive.com/license-discuss@opensource.org/msg03387.html

    "The term 'public domain' specifically includes works whose copyright has
    expired, and works for which copyright is not allowed (e.g., US
    government works).  

    "I know that people 'generally' understand the term 'public domain.'  Be
    careful of general understandings in legal matters."


IANAL, and I haven't spent any time looking at this.
I'm sure Karsten or someone will jump in with some more... useful
references.  (Not just Larry putting the smack down ;^) )

-bill!
(tired of googling, though still interested)
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