[cc-licenses] NonDerivative NonCommercial Licenses

Ŭalabio‽ Walabio at MacOSX.COM
Wed Mar 1 21:58:26 EST 2006


	¿How Fare You?

	I run a wiki hosted on Myoo.De which requires all submissions to be  
CC-BY and allows import of material licensed differently, if the  
license allows additions to the work which are CC-BY:

Shameless Plug:
	*	—	<HTTP://PeaceFulBeginnings.Org/>

	While figuring out how to license my wiki (I always intended that  
people should import material to the wiki and add to it such as  
imports of CC-BY-NC-SA which can still integrate CC-BY), I noticed a  
fundamental incompatibility between nonderivative and noncommercial  

	Firstly, your terms which go together like tinkertoys are great; but  
unfortunately however, I do not believe that nonderivative and  
noncommercial can fit together.  Let me explain why nonderivative  
still works for commercial works before I get into why is is  
incompatible with noncommercial:

	Let us suppose that one is an unpublish authoress named JoAnne  
“Kathleen” Rowling.  she gives up on getting her first book  
“Harry Potter and the Philosopher’s Stone” published.  She  
figures that if she can build interest in Harry Potter, she can get  
your nearly complete new book, “Harry Potter and the Chamber of  
Secrets” published.  She looks on the site of CreativeCommons.Org  
and decide to license “Harry Potter and the Philosopher’s Stone”  
under CC-BY-ND as a lossleader for “Harry Potter and the Chamber of  
Secrets” so that it is more likely that publishers will want to  
publish her next book “Harry Potter and the Chamber of Secrets”.   
She chooses a commercial license because she figures that the more  
who get “Harry Potter and the Philosopher’s Stone”, whether for  
free off of the Internet or as a xeroxed copy for an € from a  
peddler on a corner, the more people will be interested in “Harry  
Potter and the Chamber of Secrets”.  The license is CC-BY-ND because  
she does not want someone to create a derivative commercial work  
called “Harry Potter and the Chamber of Secrets” in which Harry  
Potter is in his second year at Hogwarts and has to fight against a  
Basilisk.  Such a derivative commercial work would hurt sales of her  
“Harry Potter and the Chamber of Secrets”.

	Nonderivative clauses work well for commercial works, but are  
incompatible with noncommercial works because noncommercial  
fanfiction is fair use; therefore, nonderivative noncommercial  
licenses are illogical.  Certainly, where fair use and a license  
collide, fair use should win; but unfortunately however, fascists  
have taken over controll of my country by voting fraud and judicial  
coup.  The fascist would like nothing more than to declare  
noncommercial nonderivative licenses enforceable, thus reducing fair  
use and banning noncommercial fanfiction.  With our current  
judiciary, the combination of nonderivative and noncommercial is a  
threat to fair use because the courts might declare noncommercial  
nonderivative licences enforceable, thus criminalizing noncommercial  
fanfiction..  For this reason, it would make sense to eliminate all  
combinations of nonderivative and noncommercial licenses and state  
the nonderivative clause of commercial licenses does not apply to  
noncommercial uses of the work.








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