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I have erred in my understanding of the key sentence you’re quoting. Thank you for pointing that out; I will amend my writings about it. But I didn’t actually b
by chrismorgan 4y ago
I have erred in my understanding of the key sentence you’re quoting. Thank you for pointing that out; I will amend my writings about it. But I didn’t actually build anything on that point; correcting it requires only changing a few words in two places, a minor patch. All of my arguments and other criticisms are still intact.
As for Unlicense versus CC0 or 0BSD, and the patent law matters in question here: the Unlicense explicitly says it’s talking about copyright law, and limits the effects of its fallback license to that. And as a public domain dedication, it can’t exceed that scope. Thus, worldwide it will exclude any patent law considerations just as thoroughly and reliably as CC0 which explicitly reminds you of this fact. This is a decent chunk of the problems with both Unlicense and CC0: public domain dedications only cover copyright law, and consensus has been building that that’s not enough for open source.
If you want a public domain dedication: use CC0, because it’s fairly clearly uniformly better than Unlicense.
If you want a public-domain-equivalent license: use 0BSD or MIT-0, but certainly not Unlicense, because it’s a PDD with fallback license, not a PDEL, which means that it cannot possibly have any implicit patent or trademark grant; you could staple a patent grant on top of it (or better yet, in my opinion, just state clearly that there are no applicable patent rights).
The problem with Unlicense is that by bad drafting it exists partway between PDD and PDEL, and doesn’t do the best job of either. So choose which you want, and take the better option.
It would be nice to have a public-domain-equivalent form license that included a patent grant or release. But Unlicense is not close to that in intent.
It seems to me very clear that the only fully consistent position for Fedora here would be to disallow all forms of public domain dedication (most germanely Unlicense), unless accompanied by some supplemental remark on patent law.
- MatthiasPortzel 4y agoThanks for your reply. I will definitely consider using a more explicit public-domain equivalence in the future.