[cc-licenses] Commercial definition in CC licenses 3.0 ? Was: Does this case falls under CCAttribution-NonCommercial 2.5?
Mia Garlick
mia at creativecommons.org
Thu Sep 7 07:36:07 EDT 2006
sure...allow me...given how much i love to talk about what
NonCommercial means :-)
we have prepared a survey tool based on the current draft of the
guidelines and, subject to the board's approval in october, hope to
be able to roll this survey tool out to the public to get more
feedback on the extent to which the guidelines properly reflect CC
licensors intention when applying the NC license condition to their
works....
in sum: stay tuned, we're still working on it!!
On Sep 7, 2006, at 4:32 AM, Bjorn Wijers wrote:
> 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
>>
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>> -----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
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