[cc-community] The case for a stricter (or more honest) CC licence than BY-NC-ND
jonathon
jonathon.blake at gmail.com
Sun Jan 11 18:17:58 EST 2009
On Sun, Jan 11, 2009 at 07:10, Christoph Schiller wrote:
> the German BY-NC-ND licence,
IMNSHO, the best thing that could happen tot he CC-BY-=NC-ND license,
is for it to be utterly scraped.
The NC part all but prohibits educators in the US from using your
textbook. (CC Foundation guidelines define as "commercial" any usage
by an organization that is not 501 *(c)3. The overwhelming majority of
educational institutions in the us are _not_ 501(c)3 organizations.
(Outside of the us,most educational insittutions do not have the
equivalent of 501 (c)3 status.
The ND part _technically_ prohibits the document from being utilized
during instruction periods,relegating the text, in tota, to
"background reading".
> I think that the BY-NC-ND licence has a problem: it is not what is pretends to be.
There are so many issues with the NC license, that I can safely say
that anything you think it prohibits, can be done within both the
letter, and spirit of the license.
> The term "primary" makes the BY-NC-ND licence not worth the paper it is written on.
> Has the term ever been tested in court?
The ND part hasn't been tested.
The NC part has been tested in half a dozen courts, worldwide. Whilst
the courts have upheld the plaintiff's position, ithasn't been tested
for any of the "edge cases",which is where the issues lie.
> a stricter, honest "no income" licence has a real demand.
Even with a clause that requires all distribution be gratis, there are
a number of edge based scenarios, that make a mockery of that
requirement.
Rob wrote:
> IMO it's generally better to concentrate on making money oneself rather
than concentrating on making sure nobody else makes money.
One rational for a musician to select an NC license, is that it is the
only one that offers musicians the ability to collect royalty
payments.
jonathon
--
The court in the southern city of Shenzhen on Wednesday sentenced 11
people to jail terms of up to six-and-a-half years for making
high-quality counterfeit software that was sold in 36 countries,
Microsoft said in a statement.
The first clue that genuine Microsoft products were not being offered,
was that it was "high quality software".
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