[cc-licenses] Commercial definition in CC licenses 3.0 ? Was: Does this case falls under CCAttribution-NonCommercial 2.5?

Bjorn Wijers mailings at bdisfunctional.net
Thu Sep 7 07:32:35 EDT 2006


This email made me wonder:

This seems to be (yet) another case in which it's not quite clear what 
is considered commercial and what not. I remember the draft guidelines 
about what is to be considered commercial and what not, but I actually 
can't remember if these were put into use?

Perhaps the issue with the vague definition of commercial use or not is 
  going to be addressed in v3.0  of the CC licenses? I haven't had the 
time to follow-up on the discussions around v3.0, so maybe somebody else 
can update me on this particular issue?

All the best,

grtz
BjornW

Dylan Busa wrote:
> 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.
> 
> Dylan Busa
> Website and KMS Manager
> Mindset Network
> Office: +27 (0)11 408 4689
> Fax: +27 (0)11 339 1570
> Email: dylan at mindset.co.za
> Web: www.mindset.co.za
> 
> This e-mail (including any attached files) is intended only for the addressee and may contain confidential information. If you are not the addressee, you are notified that any transmission, distribution, printing or photocopying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify the sender and delete it from your computer. Unless explicitly attributed, the opinions expressed do not necessarily represent the official position of Mindset.
> 
> -----Original Message-----
> 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?
> 
> Hi,
> 
> 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



More information about the cc-licenses mailing list