[cc-licenses] 4.0 NonCommercial
jonathon.blake at gmail.com
Fri Jan 13 17:57:50 EST 2012
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On 13/01/12 00:09, Gregor Hagedorn wrote:
> This is known to the tax authorities
Issue # 1:
Example from the United States. Arizona, Texas, and a dozen other
states have this legal entity known as "unincorporated non-profit
organization". Filing the paperwork for this status is trivial. It does
not require any paperwork to be filed with any local, state, or federal
taxation authority. As such, there is no mandate for this type of
organization to file any paperwork to those tax authorities, and thus
means that the data is _not_ available to the tax authorities.
Example from England. Non-profit organizations only have to register,
and certify their financial data, when their donations, and other forms
of generating revenue exceed a specific monetary amount each year. If
that amount is not met, there is no requirement to file the paperwork
with the relevant tax authorities.
> Imagine an oil company, which has a pipeline built by a pseudo-non-profit, i.e. a company that builds the pipeline at great expense and without being taxed and in the end sells the finished pipeline at a price where it does NOT make
Nevada law offers a legal corporation that allows for that scenario,
save that neither the Nevada Tax Authority nor any other taxation
authority, including the IRS, do anything about phantom losses, and
outright fraud that the legal corporation was created for.
>Can CC bind its definition of the rules to the taxation
What happens when there is no applicable taxation authority?
Those English organizations that rely on donations, but have a gross
annual revenue, from all sources, of under x pounds, and hence are not
required to, and due to the financial impact, and resulting losses, are
not registered with the Charities Commission.
>Are there appropriate rules in all relevant countries?
_If_ the CC License provides a definition of the terms in question,
those terms will, in most legal jurisdictions, override the local, legal
rules, provided the definition does not flat out contradict local, legal
definition, or abridge local,legal rights.
Which is short way of saying that the CC-BY-NC license can contain a
clear, concise definition of "non-commercial", that will be acceptable
in all legal jurisdictions, for the purposes of the specific CC-BY-NC
>Can CC define, which rules globally are applicable and
which status-models in some countries are not?
The definitions and interpretations of the CC Licenses have to be
uniform worldwide. What the license can say, is specify which specific
practices are allowed, or prohibited.
I am not a lawyer. This is not legal advice.
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