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Wordsmithing in the public domain section.

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Bradley M. Kuhn 2014-03-15 13:56:28 -04:00
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gpl-lgpl.tex
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@ -373,26 +373,26 @@ automatically by the author when she ``fixes the software into a tangible
medium.'' In the software world, this usually means typing the source code
of the software into a file.
Imagine if an author can truly disclaim that default control given to her by the
copyright laws. Once this is done, the software is in the public domain
--- it is no longer covered by copyright. Since it is copyright law that
allows for various controls on software (i.e., prohibition of copying,
modification, and redistribution), removing the software from the
copyright system and placing it into the public domain does yield Free
Software.
Imagine if authors could truly disclaim those default control of copyright
law. If so, the software is in the public domain -- no longer covered by
copyright. Since copyright law is the construction allowing for most
restrictions on software (i.e., prohibition of copying, modification, and
redistribution), removing the software from the copyright system usually
yields software freedom for its users.
Carefully note that software in the public domain is \emph{not} licensed
in any way. It is nonsensical to say software is ``licensed for the
public domain,'' or any phrase that implies the copyright holder gave
expressed permission to take actions governed by copyright law.
By contrast, what the copyright holder has done is renounce her copyright
controls on the work. The law gave her controls over the work, and she
has chosen to waive those controls. Software in the public domain is
absent copyright and absent a license. The software freedoms discussed in
By contrast, the copyright holders instead renounced copyright controls on
the work. The law gave the copyright holder exclusive controls over the
work, and they chose to waive those controls. Software in the public domain
is absent copyright and absent a license. The software freedoms discussed in
Section~\ref{Free Software Definition} are all granted because there is no
legal system in play to take them away.
\subsection{Why Copyright Free Software?}
If simply disclaiming copyright on software yields Free Software, then it