[cc-community] What does NC means?

Evan Prodromou evan at prodromou.name
Fri Nov 9 21:10:04 EST 2007


On Mon, 2007-10-29 at 21:16 -0400, Elizabeth Stark wrote:

>         I note that the license clause 4.b restricts any such use:
>         
>                You may not exercise any of the rights granted to You
>                in Section 3 above in any manner that is primarily
>         intended 
>                for or directed toward commercial advantage or private
>                monetary compensation.
>         
>         that is clear and unambiguous.
> 
> 
> I don't mean to make this topic drag on, but felt the need to chime in
> briefly. What if you're a non-profit organization holding a fundraiser
> and charging for a work? 

Monetary compensation, so, no.

> What if you're a DJ playing a song during a DJ set for which you're
> paid (albeit a small amount)?

Public performance for monetary compensation, no.

>  What if you're a for-profit educational institution making use of a
> work? 

Commercial advantage, no.

> Easy cases are in commercial publication in "tabloids," advertisements
> for corporations, etc. I still don't see how the cases above are
> "clear and unambiguous."

That's because you're reading the NC clause like most people do -- it's
the No Bad Guys Clause. "Everyone can use this work except the bad
guys." You can tell bad guys because they're fat and they wear top hats
and suits and smoke cigars and they carry around money in 5-lb. burlap
sacks with $$$$ signs on them.

There's also the school of thought that maps the NC clause onto the
Unless I Could Make Money Off It Clause. "You can use this work for free
unless there's some way I could make money off it, in which case you
have to hunt me down and give me money before using it."

The legal text of the NC clause is pretty clear and uses
well-established terms, but people don't want to accept the fairly clear
consequences.

-Evan

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