In the
free-software community, there has been some controversy over whether a
public domain dedication constitutes a valid
open-source license. In 2004, lawyer
Lawrence Rosen argued in the essay "Why the public domain isn't a license" that software could not truly be given into public domain, a position that faced opposition by
Daniel J. Bernstein and others. In 2012, Rosen changed his mind, accepted
CC0 as an open-source license, and admitted that, contrary to his previous claims, copyright can be waived away. In 2011, the
Free Software Foundation added CC0 to its
free software licenses and called it "the preferred method of releasing software in the public domain" – the Foundation then reviewed its position specifically for softwares. In February 2012, when the CC0 license was submitted to the
Open Source Initiative for approval, controversy arose over a clause which excluded any relevant patents held by the copyright holder from the scope of the license. This clause was added with scientific data in mind rather than software, but some members of the OSI believed it could weaken users' defenses against
software patents. As a result, Creative Commons withdrew their submission, and the license is not currently approved by the OSI. In July 2022, the
Fedora Project deprecated CC0 for software code for the same reasons, but will still allow its use for non-code content. In June 2020, following a request for legacy approval, OSI formally recognized the Unlicense as an approved license meeting the
OSD.
Google does not allow its employees to contribute to projects under public domain equivalent licenses like the Unlicense and CC0, while allowing contributions to
0BSD licensed and
US government PD projects. ==See also==