[WikiEN-l] Public Domain and Non-Commercial at the same time

Daniel R. Tobias dan at tobias.name
Sun Oct 15 00:16:57 UTC 2006

On 14 Oct 2006 at 23:12, "the wub" <thewub.wiki at googlemail.com> 

> So they explicitly state there is no copyright (rather than saying "public
> domain"), then go on to claim no commercial use is allowed.
> Something of a contradiction I think, but it seems pretty clear what the
> intention is. Such images would not be acceptable on Wikipedia (other than
> under fair use)

What it sounds like is that the Philippine government is creating a 
separate type of intellectual property which is explicitly not 
"copyright", but which still restricts the commercial (but not 
noncommercial) use of the applicable material.  Governments are 
allowed to do such things by law (within whatever constraints their 
constitution may make), but such laws apply only within their own 
borders (unless extended elsewhere by treaty).  Since, as far as I 
know, there are no international treaties protecting non-copyrighted 
governmental works that have use restrictions by national law (this 
wouldn't fall under copyright treaties since it's not a copyright), 
they would only be able to enforce this restriction within the 
Philippines, and in the rest of the world the works would be entirely 
public domain.  (But I'm not a lawyer, so this is not legal advice.)

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