[cc-licenses] Does this case falls under CCAttribution-NonCommercial 2.5?
dylan at mindset.co.za
Thu Sep 7 06:58:54 EDT 2006
I am in a similar situation but in regard to educational content. I too would welcome any clarity h CC community can bring to how the NC restriction was intended to be used and how it should be applied.
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From: cc-licenses-bounces at lists.ibiblio.org [mailto:cc-licenses-bounces at lists.ibiblio.org] On Behalf Of Christoph Boecken
Sent: 07 September 2006 12:54 PM
To: cc-licenses at lists.ibiblio.org
Subject: [cc-licenses] Does this case falls under CCAttribution-NonCommercial 2.5?
I provide a template design (hosted on my own domain) for the blogging system WordPress, which is licensed under CC By-NC 2.5, which means that it's not allowed to use the design for commercial purposes. The relevant part of the license is quoted below:
"[...]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 connection with the exchange of copyrighted works...[...] CC By-NC 2.5, Section 4, Part b.
Today I found out about a hosting provider, providing bloggers a platform with pre-installed WordPress for a monthly fee. They also pre-install my template design on every new blog hosted there, along with others.
So, my question is: Is this a violation of the license? After all, the provider doesn't use the theme directly to make money, it's more passive through the monthly fee for hosting. I don't exactly understand the relevant part of the license, so if anyone could help me out, I'll really appreciate it.
Thanks in advance, Christoph
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