[cc-community] Being called a thief for using CC

jonathon jonathon.blake at gmail.com
Sun Feb 17 19:26:42 EST 2008


Javier wrote:

>  > That is the side effect of a US District Court ruling. I don't

>  Or is it? There would also be the problem of jurisdiction.

I put that in to explain how one court decided that registration
equated with commercial.

For those not in the US, the Ninth District Court has had more ruling
overturned by the Supreme Court than all of the other districts
combined.     So much so, that when shopping for a court to sue
somebody in, the first consideration is the Federal District to
select.

>  Spanish rules for "non-commercial" would be the ones to be followed?

Since it is in Spain, Spanish law should prevail.

Their definition for "Non-Commercial" would come from either Code
Napoleon, or Canon Law of the Holy Roman Catholic Church.

I've forgotten how those legal systems determine what "Non Commercial"
means.

>The problem is that "non-commercial" is only a tag to describe the license,
and the legal text does explain very clearly what the Spanish nc element means.

The Unported and US versions have pretty much the same language.   The
stumbling block is differentiating between when the aim is to obtain
renumeration and when that is merely a side effect.

xan

jonathon



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