Re: Tagging of UNCOPYRIGHTABLE material
Hi all,toggle quoted messageShow quoted text
Going back to Michael’s original post as seems like we got on a tangent regarding CC public domain mark (which seems like an easier discussion).
I think we need to be clear on what we are talking about: license short identifiers which correspond to an actual license or public domain text, e.g., Apache-2.0, or data for use in SPDX specification fields related to licensing (e.g., 3.15 Declared License) which may use an SPDX license expression or NONE (no license info at all) or NOASSERTION.
In the case of no license info you describe below, NONE would be appropriate.
In terms of definitively declaring something as UNCOPYRIGHTABLE - I think that is a very dangerous proposition. While there may be some clear cases where copyright does not attach, only a judge can make that determination. To have an option to use in an SPDX document like this would invite incorrect use or people making legal determinations that could very well be incorrect. I believe we may have discussed this topic in the past, but have not dug into the archives to find evidence.
I do think there is some similarity to repeated requests for a generic public domain tag - we wrote up a rationale for not having that so we’d remember. That rationale write-up is here: https://wiki.spdx.org/view/Legal_Team/Decisions/Dealing_with_Public_Domain_within_SPDX_Files_(DRAFT) (it’s not a draft, but I can’t seem to change the URL…)
I’m not entirely clear on the exact use case here, so please do let me know if I’ve missed something!