Question about possible use of NC works

drew Roberts zotz at 100jamz.com
Sun Apr 10 22:24:34 EDT 2005


On Sunday 10 April 2005 08:09 pm, Evan Prodromou wrote:
> On Sun, 2005-04-10 at 16:15 -0400, drew Roberts wrote:
> > I appreciate your thoughtful reply. So far, it is the only one. Here is
> > the thing, if it is indeed this complex, and I fear it may be, the only
> > safe thing I see to do is to leave all NC works out of the picture. Which
> > is a shame, but when there is possible jail time and hugh statutory fines
> > possible for copyright violations, it is not the time to take chances.
> >
> > So again, I think NC is not spelled out clearly enough to be safe to use
> > in many cases. Am I off base here?
>
> No, I don't think you're off base at all. I think you should just leave
> out NC works entirely.

Don't worry, if the idea goes live, we won't be touching NC works with a 10 
foot pole. Which in some ways is a shame. Although the intent is definately 
commercial. I will be suggesting it as a good deed they can do for the 
community that may end in good will and increased sales. This is my main 
problem with NC, if it was no selling, that is clear. As it is, there are too 
many things where no money changes hands that could still be construed as 
commercial intent and are too dangerous even if only reasonable civil 
penalties applied, but with criminal penalties (jail time) and hugh statutory 
damages, they are generally not worth touching.

So although I like the idea of CC and want to promote CC artists, I doublt I 
will ever play with NC works. I wouldn't mind releasing some of my works 
under an NC variant that was a bit more free. (I don't know how you would 
actually do that though, no direct selling is one thing, and if that is all 
that is wanted, cool, but if not, what language would you use to move the 
line and where to?)

Note however, that there would be no money passing in connection with the 
music being distributed, at least no direct cause and effect.

Also note, since we don't sell blank media now, the only reason to sell is as 
a convience to the users. (Say in case they didn't bring enough with them.)

all the best,

drew

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