copyright open-source-software public-domain unlicensed-practice
Fallback license for the case public domain is unavailable
<p>Suppose a software developer wants to release a software project into the public domain. However the developer knows that this sometimes causes more troubles than it solves due to the problem that public domain isn't an international thing. Can such a developer use the license below which is pretty much a public domain dedication with a zero-bsd fallback.</p>
<p>I want to know how this looks from a legal point of you in both international and national (commonwealth law).</p>
<blockquote>
<p>This is free and unencumbered software released into the public domain.</p>
<p>If the above public domain dedication is legally void,
the following copyright license shall apply:</p>
<p>Copyright (c) 2020 MY NAME email@example.com</p>
<p>Permission to use, copy, modify, and/or distribute this software for any
purpose with or without fee is hereby granted.</p>
<p>THE SOFTWARE IS PROVIDED &quot;AS IS&quot; AND THE AUTHOR DISCLAIMS ALL WARRANTIES
WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR
ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF
OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.</p>
</blockquote>

<p>The above license seems to accomplish the purpose of releasing software with no effective retention of rights.</p>
<p>However, Creative Commons has created the <a href="https://creativecommons.org/share-your-work/public-domain/cc0/" rel="nofollow noreferrer">CC0 license</a> for exactly this purpose, and its language has been vetted by a good many people. A developer might well prefer to use this more widely accepted and understood solution, instead of an unknown text.</p>
