[cc-licenses] Alex Bosworth: "Creative Commons Is Broken"

Mia Garlick mia at creativecommons.org
Mon Mar 6 17:53:48 EST 2006


but isn't the issue whether the person who makes money to live using  
the NC licensed work does so in a way that enables the person to make  
money from the NC-licensed work? this is focusing on the act. if an  
individual is making money from the actual use of the NC-licensed  
work, then whether their use is NC or not, depends on the guidelines.

in the case where it is a for-profit company that is incorporated by  
a sole shareholder for tax reasons, i guess the relevant question is:  
is it the company acting through the sole shareholder that is using  
the NC licensed work? or is the sole shareholder using that work as  
an individual?

drew - what kinds of uses of NC-licensed works does your company  
make? do you as an individual ever make use of an NC-licensed work?  
is it possible to distinguish between the two?

On Mar 6, 2006, at 2:42 PM, drew Roberts wrote:

> On Monday 06 March 2006 05:34 pm, Mia Garlick wrote:
>> but for the purposes of determining whether a use is commercial or
>> not, isn't whether the org is established for the purpose of making
>> money or not, the only relevant question in answering that question?
>
> I don't see why. We know people have to make money to live. Do we  
> say that
> anyone with an income is not qualified to use NC licenced works?  
> Anyone whose
> income exceeds his expenses? Anyone not bankrupt?
>
> Why is it not properly the act only that counts?
>
> all the best,
>
> drew
>>
>> On Mar 6, 2006, at 2:25 PM, drew Roberts wrote:
>>> Well,
>>>
>>> a corporation can be established for other purposes though.
>>>
>>> all the best,
>>>
>>> drew
>>>
>>> On Monday 06 March 2006 05:13 pm, Mia Garlick wrote:
>>>> what do you mean the definition does not match with reality?
>>>>
>>>> an organization that is established for the purpose of making a
>>>> profit has, as adam stated, the objective of making money & thus
>>>> everything it does must be assumed ultimately to be connected  
>>>> with a
>>>> money-making purpose. even if it offers something for free it is
>>>> doing so to increase it's brand and to cultivate favorable PR...for
>>>> the purpose of making money.
>>>>
>>>> what would be an alternate definition?
>>>>
>>>> On Mar 6, 2006, at 2:07 PM, drew Roberts wrote:
>>>>> On Monday 06 March 2006 04:44 pm, Adam Fields wrote:
>>>>>> On Mon, Mar 06, 2006 at 04:35:53PM -0500, drew Roberts wrote:
>>>>>> [...]
>>>>>>
>>>>>>>>> so far there have been 2 comments on these.  if you think the
>>>>>>>>> definition is too vague & CC should do something to clarify  
>>>>>>>>> it -
>>>>>>>>> let's discuss these guidelines!!!
>>>>>>>
>>>>>>> OK, I never before understood that a for profit could never
>>>>>>> properly use
>>>>>>> an NC work. Since I read the pdf, I cannot tell you how many
>>>>>>> people I
>>>>>>> have come across who see things as I did. (oops, responding in
>>>>>>> the wrong
>>>>>>> post.)
>>>>>>
>>>>>> Curious. Why is that not evident? By definition, everything a
>>>>>> for-profit corporation does is commercial.
>>>>>
>>>>> Perhaps, but definition does not always match with reality. Should
>>>>> we always
>>>>> go with definition?
>>>>>
>>>>> all the best,
>>>>>
>>>>> drew
>>>>> --
>>>>> http://www.ourmedia.org/node/145261
>>>>> Record a song and you might win $1,000.00
>>>>> http://www.ourmedia.org/user/17145
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>
> -- 
> http://www.ourmedia.org/node/145261
> Record a song and you might win $1,000.00
> http://www.ourmedia.org/user/17145
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