I am currently modifying a framework which was released to the public domain. Is it ok for me to then release a new framework based on some code from the public domain sourcetree as licensed under Apache ?
+3
A:
Wikipedia's definition of Public Domain is:
The public domain is a range of abstract materials—commonly referred to as intellectual property—which are not owned or controlled by anyone. The term indicates that these materials are therefore "public property", and available for anyone to use for any purpose.
So basically, you can do whatever you want to the code and release it under whatever license. However, the article also states:
Because proprietary rights are founded in national laws, an item may be public domain in one jurisdiction but not another.
To be safe, I would suggest contacting the creators directly on this matter.
EDIT: As Jonathan Leffler pointed out in a comment, the second quote doesn't really apply in this case. Different jurisdictions can define when a previously copyrighted work enters the public domain, but since the code is specifically released into the public domain by the creators, it remains open to everyone, regardless of their jurisdiction.
David Brown
2009-04-03 01:46:40
Nicely put, though if the framework is genuinely in the public domain, then the relicencing is permissible. Obviously, if the old code won't cease to be public domain, so no-one else is impeded by the change of licence.
Jonathan Leffler
2009-04-03 02:55:17
You're right, sorry. I took the second quote to mean that the term "public domain" meant something different in each jurisdiction regardless of the terms of the code's release. Although it actually means that each jurisdiction defines when a previously copyrighted work enters the public domain.
David Brown
2009-04-03 03:02:07