michael.kaelbling@... [2020-03-09 10:45 +0100]:

Currently I have a project that includes empty files as placeholders
and markers.  Because such files are uncopyrightable, I am not sure
how to tag them.  "NONE" and "NOASSERTION" seem inappropriate.  "NONE"
does not imply that none is possible, and "NOASSERTION" is not the
same as an assertion of the uncopyrightablility of an object.  It
seems inappropriate to claim an unenforceable copyright and license
it.

Max Mehl - Programme Manager - Free Software Foundation Europe Contact and information:

Actually, that's one of the two options REUSE suggests:
* Add a copyright and licensing header anyway
* Use CC0-1.0 as a license to waive your copyright (I know, the concept
of public domain can become complicated depending on the legislation)
The full FAQ item on this issue: https://reuse.software/faq/#uncopyrightable

As Creative Commons says, "CC0 should not be used to mark works already free of known copyright and database restrictions and in the public domain throughout the world." https://creativecommons.org/share-your-work/public-domain/cc0/ The CC0 is intended for the *release* of items to the public domain that would otherwise be copyrighted.

Years ago Creative Commons created a separate item, the "Public Domain Mark", to identify works that were *already* in the public domain: https://creativecommons.org/choose/mark/

This discussion reveals an important omission: The SPDX license list needs to add the Creative Commons "public domain mark". Yes, from some points of view it's technically not a license, but when you're trying to figure out what rights the recipient has, it is *definitely* a license.... it's just a license (permission) granted directly through the application of law. The SDPX license currently includes the "Creative Commons Public Domain Dedication and Certification" https://spdx.org/licenses/CC-PDDC.html which combined the features of both, but that was retired years ago and split up into the CC0 and the public domain mark.

--- David A. Wheeler