Public domain software
Encyclopedia
Public domain software is software that has been placed in the public domain
, in other words there is absolutely no ownership (such as copyright
) of the intellectual property
that the software represents.
Under the Berne Convention
, which most countries have signed, an author automatically obtains the exclusive copyright to anything they have written, and local law may similarly grant various other intellectual property rights by default. The Berne Convention also covers programs. Therefore, a program is automatically subject to a copyright, and if it is to be placed in the public domain, the author must explicitly disclaim the copyright and other rights on it in some way. In some regions, some rights (in particular moral rights) cannot be disclaimed.
"Public domain" may be used incorrectly to refer to any software distributed under a free software license. Although the software was released under a licence that grants rights to others (such as the freedom to modify and redistribute the software), the copyright (or other rights) to the software may still be held by the author. Therefore such software would not be in the public domain. For clarity, the Free Software Foundation
recommends using "public domain" for the strict meaning only, and using other terms like freeware
to convey the other meanings. On a related note, an executable program may be in the public domain even if its source code
is not made available. This means that public domain
software is not necessarily free software
, but is freeware
.
The term "public domain" may also be used to mean free, as in having no cost (i.e. gratis
). However most gratis software is not in the public domain, but simply released under a free software licence
that permits distribution of the software so long as no charge is levied. The confusion may arise from 1980s to 1990s software culture, in which "public domain" (usually abbreviated to "PD") software collections were a popular kind of free software
in both the "gratis
" and "libre" senses of the term.
In the 1980s, a common way to share public domain software was by receiving them through a local user group or a company like PC-SIG, of Sunnyvale, California, who maintained a mail-order catalog of more than 300 disks with an average price of $6(US).
Public domain
Works are in the public domain if the intellectual property rights have expired, if the intellectual property rights are forfeited, or if they are not covered by intellectual property rights at all...
, in other words there is absolutely no ownership (such as copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
) of the intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
that the software represents.
Under the Berne Convention
Berne Convention for the Protection of Literary and Artistic Works
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland in 1886.- Content :...
, which most countries have signed, an author automatically obtains the exclusive copyright to anything they have written, and local law may similarly grant various other intellectual property rights by default. The Berne Convention also covers programs. Therefore, a program is automatically subject to a copyright, and if it is to be placed in the public domain, the author must explicitly disclaim the copyright and other rights on it in some way. In some regions, some rights (in particular moral rights) cannot be disclaimed.
"Public domain" may be used incorrectly to refer to any software distributed under a free software license. Although the software was released under a licence that grants rights to others (such as the freedom to modify and redistribute the software), the copyright (or other rights) to the software may still be held by the author. Therefore such software would not be in the public domain. For clarity, the Free Software Foundation
Free Software Foundation
The Free Software Foundation is a non-profit corporation founded by Richard Stallman on 4 October 1985 to support the free software movement, a copyleft-based movement which aims to promote the universal freedom to create, distribute and modify computer software...
recommends using "public domain" for the strict meaning only, and using other terms like freeware
Freeware
Freeware is computer software that is available for use at no cost or for an optional fee, but usually with one or more restricted usage rights. Freeware is in contrast to commercial software, which is typically sold for profit, but might be distributed for a business or commercial purpose in the...
to convey the other meanings. On a related note, an executable program may be in the public domain even if its source code
Source code
In computer science, source code is text written using the format and syntax of the programming language that it is being written in. Such a language is specially designed to facilitate the work of computer programmers, who specify the actions to be performed by a computer mostly by writing source...
is not made available. This means that public domain
Public domain
Works are in the public domain if the intellectual property rights have expired, if the intellectual property rights are forfeited, or if they are not covered by intellectual property rights at all...
software is not necessarily free software
Free software
Free software, software libre or libre software is software that can be used, studied, and modified without restriction, and which can be copied and redistributed in modified or unmodified form either without restriction, or with restrictions that only ensure that further recipients can also do...
, but is freeware
Freeware
Freeware is computer software that is available for use at no cost or for an optional fee, but usually with one or more restricted usage rights. Freeware is in contrast to commercial software, which is typically sold for profit, but might be distributed for a business or commercial purpose in the...
.
The term "public domain" may also be used to mean free, as in having no cost (i.e. gratis
Gratis
Gratis is the process of providing goods or services without compensation. It is often referred to in English as "free of charge" or "complimentary"...
). However most gratis software is not in the public domain, but simply released under a free software licence
Free software licence
A free software licence is a software licence which grants recipients rights to modify and redistribute the software, which would otherwise be prohibited by copyright law. A free software licence grants, to the recipients, freedoms in the form of permissions to modify or distribute copyrighted work...
that permits distribution of the software so long as no charge is levied. The confusion may arise from 1980s to 1990s software culture, in which "public domain" (usually abbreviated to "PD") software collections were a popular kind of free software
Free software
Free software, software libre or libre software is software that can be used, studied, and modified without restriction, and which can be copied and redistributed in modified or unmodified form either without restriction, or with restrictions that only ensure that further recipients can also do...
in both the "gratis
Gratis
Gratis is the process of providing goods or services without compensation. It is often referred to in English as "free of charge" or "complimentary"...
" and "libre" senses of the term.
In the 1980s, a common way to share public domain software was by receiving them through a local user group or a company like PC-SIG, of Sunnyvale, California, who maintained a mail-order catalog of more than 300 disks with an average price of $6(US).