🚀 go-pugleaf

In article <rwm.697776780@atronx.OCUnix.On.Ca> rwm@atronx.OCUnix.On.Ca (Russell McOrmond) writes:
> Is it possible to re-release something previously released as
> 'Public Domain' and add what is to some seen as the 'restrictions' of
> the GNU Public Licence?

Yes.
By definition, you can do as you will with public domain software.
As you yourself pointed out:
> There are already many derivatives of this PD work that are restricted
> distribution, part of commercial packages, or in some way 'un-available'

However, since the U.S. signed the Berne Convention, things are not
as simple as they were before.  This is because, prior to the signing,
failure to include a copyright notice within a document and failing
to attempt to add a copyright notice at a later time meant that
the document (in this case source code) became public domain.

Since the signing, a document has copyright protection, even without
a copyright notice, at the time of its creation.  Registration of
copyright is still adviced to help settle future disputes.
This means that unless there is an explicit disclaimer of rights
by the author, the document IS NOT public domain.

Please note however, that I am not a lawyer, and that this has
been a personal opinion.

I would say that unless you put significant work into the program
some people would not view your addition of restrictions to an
unrestricted program in a positive light.  I realize that the GPL
is a protective restriction, but as evidenced by the vitriolic
commentary by some people in this group, it is not always viewed
kindly.

As a courtesy, you might try to contact the author of the program to
get their views.  This is never a bad idea, since the author may
have a more recent version of the source code.

Aydin Edguer