[cc-community] More discussion on NC
andrewrens at gmail.com
Sun Oct 10 12:19:09 EDT 2010
In the previous thread Alan replied to my question "For those who think that
NC is (currently) hopelessly unclear; what would
you prefer, that NC be abolished? Or that NC be clarified?"
by saying: " Or defined. It's possible that "non-profit" might have been
more based in law ?"
What is profit?
Does non profit include an attempt to profit that fails?
Is a sale by a non profit organismic for profit or not for profit?
Does that change if the non profit organismic director drives a BMW?
What if the non profit organization engages only in cost recovery, not
profiting but paying an external service provider to make copies? Does that
change if the external service provider is run by the non profit
organization's brother in law?
I suspect that Drew can multiply examples of problem cases with the concept
of "non profit".
The problem is not just that its hard to define but that the best
definitions require knowledge on the part of the licensor which licensor's
just don't have, such as the licensee's costs, or intentions.
A different possibility is that non commercial should be defined as
sale, lease, use in a paid advertisement, use in a commercial advertisement
(intended to result in a sale or lease).
Courts know exactly what a sale is, and a lease, and a paid advertisement,
and a commercial advertisement, because each of these is an existing
So for instance a set up in which one gives the product "free" but charges a
lot for shipping would likely be easily recognized by most courts as a
On the other hand all the issues which appear ambiguous, for instance
displaying NC works on blogs which also display paid advertisements would be
clearly permitted. Not everyone would be happy with this. But would it be
better than some people claiming its ok and some saying its not ok?
> cc-community mailing list
> cc-community at lists.ibiblio.org
ex africa semper aliquid novi (http://aliquidnovi.org)
-------------- next part --------------
An HTML attachment was scrubbed...
More information about the cc-community