[cc-licenses] NonDerivative NonCommercial Licenses

Ŭalabio‽ Walabio at MacOSX.COM
Thu Mar 2 23:39:00 EST 2006

	Re:  "Terry Hancock" <Hancock at Anansispaceworks.Com> & "Rob"  
<Rob at Robmyers.Org>:

	"Terry Hancock" <Hancock at Anansispaceworks.Com>:

> 	AFAIK, "noncommercial fan fiction" is usually tolerated by the  
> copyright holder, but is actually illegal.

	¿Is anything legal anymore?

	"Rob" <Rob at Robmyers.Org>:

> 	And you cannot cc-licence what you do not hold the rights to. :-(

> 	-	Rob.

	I had no intension of doing so.  PeaceFulBiginnings.Org is the first  
Intactivistic (Intactivism is the movement opposing genital sexual  
mutilation) wiki on Earth.  It is devoted to Genital Integrity (the  
belief that all have the right to intact genitals).   
PeaceFulBeginnings.Org currently only has two fictional works (both  
allegories and original works) and no fanfiction (not that I would  
oppose fanfiction).  We are distracting ourselves from the main issue:


	In an ideal world, people would have the right to read, share, and  
derive all works noncommercially.  So that authors do not starve,  
they should have a commercial monopoly for a reasonable time — life  
plus 100 years is not reasonable.  This is my philosophical  
position.  Write the licenses along these lines we get this:

	CC-BY-ND (for noncommercial uses, equivalent to CC-BY-NC)
	CC-BY-SA-ND* (for noncommercial uses, equivalent to CC-BY-SA-NC)

	*	—	This license does not exist under the current scheme because,  
under no conditions, can one derive work to share alike; but luckily  
however, in the new scheme, the ND disappears if one does not earn  


	Notice that refashioning the licenses thus preserves the right to  
read, share, and derive all works noncommercially (in a perfect  
world, everyone would use CC-BY-SA, but some people have to make a  
living from their works, like Corey Doctorow; so unfortunately  
however, have to use noncommercial licenses).  It is all about  
maximizing freedom.

	I hope I explained my philosophical problem with nonderivative  
licenses for noncommercial works.  Maybe, we can eliminate  
nonderivative licenses for noncommercial works in version three.



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