[cc-licenses] Non-commercial ***advertising revenue***
Peter Brink
peter.brink at brinkdata.se
Sat Mar 10 05:38:05 EST 2007
Roger Chrisman skrev:
> I heard mention of a "clarification" to the CC Non-commercial license
> element that allows advertising such as Google Ads. Anyone know more
> about this "clarification" and where it is written?
>
> I looked for it in the CC Non-commercial license element but I don't
> think I found it there and the element seems vague and wide open to
> interpretation to me. Here is NC license element *4c* of by-nc-sa-3.0
> [1] (identical but for the typo "con-nection" to element *4b* of
> by-nc-nd-3.0 [2] and by-nc-3.0 [3]):
>
It's worth remembering that, as Lawrence Rosen puts it in his book 'Open
Source Licensing Software Freedom and Intellectual Property Law' (p.
120), "[u]nder the law, only the common understanding of a licensor and
his licensees matters, as reflected in the written terms and conditions
of the license agreement between them." How CC defines non-commercial
doesn't matter as much as how you and your licensees defines it.
It's also worth remembering that a licensor's ability to govern the
meaning of unclear or ambiguous terms in the license varies from
jurisdiction to jurisdiction.
CC's FAQ in general is therefore just a guideline and not a set of hard
rules.
/Peter Brink
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