[cc-licenses] Non-commercial ***advertising revenue***
jonathon.blake at gmail.com
Mon Mar 12 14:41:13 EDT 2007
> 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.
But will I win a lawsuit against an individual, or company that puts
my NC-licenced material on a website that has Google adds next to it,
or requires one to click on an add to view my NC content?
My understanding --- which is part of the NC material I wrote ---
states that that is clearly commercial, and as such is a violation of
the CC-NC licence.
> CC's FAQ in general is therefore just a guideline and not a set of hard rules.
If the court uses the Creative Commons guidelines, then I have a lost
case. OTOH, If the court goes by what I have written,and published as
part of my material, as how I understand the CC-BY-NC-SA Licence,
then I have a won case.
One thing that would greatly enhance the CC-NC licence, is if it
included a definition of the term "Non-Commercial".
Another thing that might help, is if MIT sued a public university [EG:
University of California (Los Angeles), University of Washington] for
using its NC material,because that usage is considered to be a
violation of the NC licence, under the CC NC guidelines.
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