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Subject: Development of Creative Commons licenses

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  • From: Karl Dubost <karl AT la-grange.net>
  • To: cc-licenses AT lists.ibiblio.org
  • Subject: Definition of Commercial Use
  • Date: Mon, 27 Jun 2005 17:15:50 -0400

[Please keep me in Cc: I'm not subscribed to the list]

I have recently written an article in French about the use of content under CreativeCommons License.

Les implications de CreativeCommons
http://www.la-grange.net/2005/06/14#cc-implication

Mikel Boyle has blogged about it in English
http://www.mikel.org/arch/2005/06/karl_dubost_wro.html

My content is under by-nc-sa
Cite the author
No Commercial Use
Share Alike

I was wondering what defines the notion of "commercial use" for a content. For that, I talked about a Scenario on my weblog, let's try to give a glimpse here.

A company XYZ has bad results selling the product SupahCool. They decide to have a market studies for their products and know how to improve it. They contact the Marketing agency "Googorati Inc." which proposes different kind of services.

* Tracking the product SupahCool on Weblogs
* To create a data analysis (percentages, trends, etc) about SupahCool with Data mining results.
* To give samples of weblog entries that you can find on the Web about it.

"Googorati" is not doing that freely, but sells the analysis, and the reports.

* Is there an infringement of CC license (attribution, and non commercial use)?
* If yes, is there a need for a developers/business guide to help them to develop applications/softwares/services without infringing the license?

The notion of fair use doesn't exist in many countries, and it's only applicable to non commercial use (like school, etc, if I understand fair use.)

There are many secondary questions and many implications.


Thanks for any answers.

--
Karl Dubost - http://www.la-grange.net/
Près de vous, madame, oubliant les cieux,
L'astronome étonné se trouble;
C'est dans l'éclat caressant de vos yeux,
Qu'il avait cru trouver l'étoile double.





  • Definition of Commercial Use, Karl Dubost, 06/27/2005

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