Development of Creative Commons licenses

["Greg London" <email AT greglondon.com>]

Todd A. Jacobs said:
> On Mon, Mar 07, 2005 at 10:35:10AM -0500, Greg London wrote:
>
>> You cannot license a derivative with fewer restrictions than the
>> original author gave out in the original license, because you don't
>> ahve those rights to give out.
>
> That's not entirely true. If you license something BY-NC, and I create a
> derivative, I can certainly license my derivative as BY, BY-NC, BY-ND,
> or even BY-NC-SA.

> I could also use the derivative commercially, since it
> is *not* the non-commercial original work, but an allowable derivative
> under the license.

The legal code for teh license is here:
http://creativecommons.org/licenses/by-nc/2.0/legalcode

The relevant bit is section 4.b, excerpting here:
> 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 rights granted in section 3 include 3.b:
> to create and reproduce Derivative Works;

4.b says you may not exercise the rights granted
in 3.b (create a derivative work) if it intended
for commercial use.

Someone else on the list want to jump in on this?
I'm suddenly feeling really, really tired.

Greg