Hello all, there has been a related thread going on in the spdx-legal list:
see https://lists.spdx.org/g/Spdx-legal/topic/71831424

As mentioned in that thread, I would note the Legal Team's comments on this
from April 2013 at
https://wiki.spdx.org/view/Legal_Team/Decisions/Dealing_with_Public_Domain_within_SPDX_Files

Best,
Steve

On Wed, Mar 11, 2020 at 11:33 AM <[email protected]> wrote:

> A new poll has been created:
>
> The U.S. Copyright Office considers some works *uncopyrightable *"because
> they contain an *insufficient amount of authorship*", e.g. "words and
> short phrases ... titles ... names", "mere listing of ... contents, or a
> simple set of directions...", and  *blank forms*  (
> https://www.copyright.gov/circs/circ33.pdf).
>
> SPDX-License-Identifier: NONE and SPDX-CopyrightText: NONE state that
> there is no license or copyright statement, but do not say that none is
> needed or possible.
>
> SPDX-License-Identifer: NOASSERTION and SPDX-CopyrightText: NOASSERTION is
> similarly inappropriate.
>
> A REUSE.software scan will produce false-positives if it has no way to
> distinguish the case of uncopyrightable material.  This issue came up
> because my group has empty files (placeholders) and blank forms (templates)
> in OSS.  Since we require a clean scan on each build, we have to maintain a
> workaround to eliminate the false positives.
> -----
> My apologies if you find this poll inappropriate: I thought I had
> submitted this concern weeks ago as a message, but I am now unable to find
> it -- nor have I got any response. Therefore I am taking this route to get
> my question addressed.
>
> 1. Yes - an UNCOPYRIGHTABLE License is needed
> 2. Yes - an UNCOPYRIGHTABLE keyword is needed
> 3. No
> 4. No - simply claim an unenforceable copyright and license
>
> Vote Now <https://lists.spdx.org/g/spdx/vote?pollid=11650>
> 
>
>

-- 
Steve Winslow
Director of Strategic Programs
The Linux Foundation
[email protected]

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