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Comment by bilekas | Hacker News Reader

Isn't this by default unlicensed then? I would avoid it anyway. Absolutely no need for that risk.

Yes, if the licensing terms are unclear, to err on the side of caution, it is best to assume "All rights reserved" by the authors of the software so you don't accidentally violate the authors' rights. And then hire a lawyer to sort this matter for you.

Yes. Also not to be confused with being Unlicense-d [0], because heaven forbid we use reasonable names for anything.

[0] https://opensource.org/license/unlicense

It used to be like that, yes. If you didn't mention the license, it was in public domain. Those times are long gone though.

> If you didn't mention the license, it was in public domain.

While I don't know if license and copyright are the same thing, the film Night of the Living Dead was famously accidentally added to the public domain due to a forgotten copyright notice.

I believe that was a forgotten renewal of copyright status.

Wow. I didn't know that. Looks like this is a very US thing. I looked up now and TIL that US adopted the Berne convention as late as 1989. I'm surprised. So this movie released in 1966 didn't have default "all rights reserved" due to Berne convention. But most European countries, like 80%, had adopted the Berne convention by 1925. So when software was developed in Europe they automatically got "all rights reserved".

That's because the US was not part of the Berne Convention until 1989, so before that U.S. works often had protection only if certain formalities were met (like registration or notice).

Copyright is a right held over the ownership of a piece of IP. A license is a permission slip that allows you to exercise actions that would otherwise be reserved by copyright. There is no requirement for a license. It's not a state of a piece of IP.

They aren't the same thing. Under US law pre-1989, publication without notice would lead to a loss of copyright, but publication WITH a copyright notice, that is, publication of a copyrighted item, meant all rights were reserved (unless licensed).

However, the United States did not join the Berne Convention until 1988, and prior to 1978 it did not automatically grant federal copyright when a work was created; instead you had to register your work with the Copyright Office in order to receive federal protection. There were also some state-level protections at the time that did not require registration, but apparently they weren't very strong.

Unlicensed does not mean public domain

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