Covering the Public Domain’s Back
Now Dave Wiley of the OpenContent Foundation has proposed a license that reserves no rights at all. In other words, it’s a license the terms of which are functionally identical to a public domain dedication but with a completely different legal basis. While I’m not a lawyer, it seems to me that if other open licenses (such as those from Creative Commons) are valid throughout the world than this approach would be an ideal complement to a public domain dedication. For jurisdictions that recognize an author’s right to disclaim intellectual entitlements, the public domain dedication would apply. For those that do not, the license would take up the slack.
My only objection is that he’s referring to it as an “Open Education License”, stemming from his original intention to devise a license that would prevent incompatible copyleft provisions from keeping content segregated in separate unremixable silos. He’s right that this is a pressing issue for the open education movement, but I think that this license has much broader potential than for just educational materials, and hope that he ends up selecting a more generic name for it as discussion on the matter continues.