Frequently Asked Questions
Q: Why should the Worldwide Public Domain Dedication
(WPDD) be used instead of CC0?
A: The WPDD should be used because it addresses the issue of
patents, which is a concern with CC0. CC0 was primarily
designed for the scientific data community and explicitly
excludes patents. This can be problematic for software, as
it leaves a potential cloud hanging over a program that a
patent holder might show up later and begin to waive their
patent hammer around. Since CC0 explicitly excludes patents,
the concern would be that CC0 provides no coverage for them,
not even an implied license. The WPDD, on the other hand, is
designed first to waive any patents and then license them if
waiving is not possible for some reason. This dual strategy
makes WPDD a more comprehensive vehicle for waiving rights,
including patents and ensures that the work can be used safely
and effectively without raising patent issues. Additionally,
the WPDD was developed with the consultation of patent
attorneys in different countries, making it more robust in
handling patent concerns in other countries.
Q: Who should use this?
A: The intention is for it to be usable in any situation where
CC0 might otherwise be used.
Q: Doesn't something overly permissive like MIT-0 or
WTFPL accomplish the same thing?
A: Not really. Those are based in copyright and a person
placing a work under MIT-0 or WTFPL isn't waiving any
rights - The work is still copyrighted, even if the license
doesn't require preservation of notices saying so (a
copyright notice isn't required to exist for copyright
itself to exist.) As such things like MIT-0 and WTFPL
aren't trying to accomplish the same policy goal, which is
a total waiver of all rights, to whatever extent that can
be accomplished.
Not only that but not retaining copyright notices on something that is copyrighted is probably not a good idea anyway. Even if the license doesn't require that they be preserved, not doing so could make it harder to later track down who might have a copyright interest in a given work.
Q: What are the issues associated with software
patents?
A: Software patents impose a complex legal landscape of great
concern for the free software movement. Visit endsoftwarepatents.org
for more information.
Q: Does the WPDD have a patent retaliation clause?
A: No. In essence these say that, if a licensee sues the
licensor for patent infringement then any patent license that
the licensee received will terminate. The WPDD doesn't
include this for two reasons:
- You need to have have patents for such a clause to work, and those are given up as part of the WPDD.
- It runs contrary to the Statement of Purpose.
Q: Why doesn't the Worldwide Public Domain Dedication
(WPDD) include trademarks?
A: The WPDD doesn't include trademarks because that's a
different area of law with a different purpose: They help
people identify particular goods or services as coming from
a specific source. Waiving patents, copyrights, and related
rights lets you reuse a Work but not to reuse someone
else's trademark to cause confusion that you are that
source.