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This is a mistake, but he also provided a license, so it doesn't really matter

This is a mistake, but he also provided a license, so it doesn't really matter

Posted Nov 30, 2007 17:01 UTC (Fri) by charlieb (subscriber, #23340)
In reply to: This is a mistake, but he also provided a license, so it doesn't really matter by shieldsd
Parent article: qmail released into the public domain

Providing a license is mutually exclusive with placing into the public domain.

You are entitled to your opinion as to what DJB should have done, but the decision is his to
make. He's not "in error" - he's just done something other than what you would have done.

> ... though this requires interpreting what he means by "etc."

"etc" is not defined (no longer defined) by DJB, it's defined by the legal definition of
"public domain".


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not necessarily

Posted Nov 30, 2007 17:27 UTC (Fri) by JoeBuck (subscriber, #2330) [Link]

It used to be common in the early 90s, before people were as sophisticated as they are now about licenses, to see code posted on Usenet with a comment like "this code is in the public domain. You can do anything you want with it as long as you don't make money off of it". That's contradictory, of course, and there's ever a dispute, a judge might find that the second statement trumps the first.

If DJB's statement placing the code in the public domain contains any words indicating other terms, then he hasn't really put it in the public domain. I haven't parsed his message carefully, so I don't know.

The main reason for a software author to prefer the BSD license to "public domain", especially if he/she is an American, is liability. The BSD license has a loud "no warranty" clause; without terms like this, if a defect in DJB's software causes anyone any harm, it's conceivable that DJB could be held to be legally responsible.

not necessarily

Posted Nov 30, 2007 19:09 UTC (Fri) by rsidd (subscriber, #2582) [Link]

DJB knows what public domain is. I really don't see what people gain from insulting his intelligence.

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