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by slfront 3193 days ago
I AM NOT A LAWYER.

THIS IS NOT LEGAL ADVICE.

The problems with public domain dedication across jurisdictional lines, as I understand them, are:

1. Users (who are aware of how the law works, in general terms) in a country that doesn't recognize a right to relinquish copyright to the public domain will be afraid of getting sued, so they won't use the software. It might as well not be open source for them.

2. Contributors to your public domain software from those countries are not allowed to relinquish copyright in their works to the public domain, and as a result you're actually accepting work under copyright into your otherwise-public-domain software, which means it's not really public domain software any longer, because of mutual copyright observance agreements between those countries. Thus, for instance, because the US recognizes German copyrights, and Germany doesn't allow dedication of copyrightable works to the public domain, a German contributing code to a public domain work in the US actually contaminates the public domain work with code covered by copyright, thus making it no longer a (pure) public domain work, even in the US, because of US recognition of German copyrights.

If the German in the above example actually transfers the copyright to you, then YOU dedicate the work to the public domain, that might work. I'm just guessing, though, and I'm pretty sure it would require some explicit legally binding (and provable) statements about transferring copyright to you.

1 comments

To make this more complicated, in Germany copyright is not transferable at all. The best you can do is assign exclusive rights to someone else (doing that correctly is non-trivial). Even worse: There are some rights that belong to the creator alone and they cannot give them away.
Yeah, international copyright law is a damned bomb crater. It's nothing but devastation and wreckage, and threat of imminent demise.