On Mar 9, 2020, at 8:56 AM, Steve Winslow <swinslow@...> wrote:

Hi Michael, David and Max,

Thanks for your emails. A couple of comments:

Regarding the Creative Commons Public Domain Mark: For items to be added to the SPDX License List, among other requirements there needs to be a corresponding "matching text" that represents the entry that actually goes on the list. You can see these in the texts that are used at https://spdx.org/licenses/CC0-1.0.html and https://spdx.org/licenses/CC-PDDC.html. Is there a corresponding text that is associated with Creative Commons' Public Domain Mark? From some brief searching I'm not coming across one. If there is one then I would encourage adding an issue at https://github.com/spdx/license-list-XML/issues with a link to the text, so that it can be reviewed and considered.

Regarding a more general UNCOPYRIGHTABLE identifier, I would suggest reading the Legal Team's comments on this from April 2013 at https://wiki.spdx.org/view/Legal_Team/Decisions/Dealing_with_Public_Domain_within_SPDX_Files

Best,

Steve

On Mon, Mar 9, 2020 at 10:41 AM David A. Wheeler <dwheeler@...> wrote:

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

--

Steve Winslow
Director of Strategic Programs
The Linux Foundation

swinslow@...