[cc-community] by-nc-sa 3.0 on a wiki with ads

Brian Rowe brian at freedomforip.org
Fri Apr 4 14:22:50 EDT 2008


Not Legal Advice:

Two quick points:

1.Text ads on a site using by-nc-sa  is a grey area. The liscense says:
"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*. The exchange of the Work for
other copyrighted works by means of digital file-sharing or otherwise shall
not be considered to be intended for or directed toward commercial advantage
or private monetary compensation, provided there is no payment of any
monetary compensation in con-nection with the exchange of copyrighted
works." emphasis added

Both the terms *noncommercial* and commercial advantage can be interpreted
in multiple ways.  This is not a clear cut violation the way that selling a
copy for profit is.

2. Your contributions are likely governed by the User Agreement you may be
granting the wiki more then by-nc-sa use of your contributions.   In turn
the wiki may be choosing to allow the public access under an by-nc-sa even
though they have retained more right

USE OF MATERIAL SUPPLIED BY YOU:


   For information regarding use of personal information you supply or
   communicate to the Service, please see our Privacy
Policy.<http://www.wired.com/support/privacy.html>Except as expressly
provided otherwise in the Privacy Policy, you agree that
   by posting messages, uploading files, inputting data, or engaging in any
   other form of communication with or through the Service,* you grant us
   a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to
   use, reproduce, modify, adapt, translate, enhance, transmit, distribute,
   publicly perform, display, or sublicense any such communication (including
   your identity and information about you) in any medium (now in existence or
   hereinafter developed) and for any purpose, including commercial purposes,
   and to authorize others to do so.* In addition, please be aware that
   information you disclose in publicly accessible portions of the Service will
   be available to all users of the Service, so you should be mindful of
   personal information and other content you may wish to post.

Brian Rowe
2L Seattle University Law

On Fri, Apr 4, 2008 at 10:51 AM, Andrew Ziem <ahz001 at gmail.com> wrote:

> http://howto.wired.com is a wiki with ads.  They use by-nc-sa 3.0.  I
> understand that they can display their own original content on such a site
> with ads without a problem, but when a third party, such as myself, makes an
> edit, does that not create a violation between the third-party contribution
> and Wired's ads?
>
> Here's another way to put it: this license does not require an extra
> clause that says, "We can commercialize your third-party contributions, but
> no one else can."
>
> I assume someone's legal department figured this out.  I am not claiming a
> violation, but I am curious how this works out.  :)
>
>
>
>
> Andrew
>
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>
>


-- 
Brian Rowe
Brian at freedomforip.org
(206) 335-8577 (Cell)

Access To Justice Technology Principles
www.ATJWeb.org

Freedom for IP
www.FreedomforIP.org
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