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

Terry Hancock hancock at anansispaceworks.com
Tue Mar 7 15:02:46 EST 2006


On Monday 06 March 2006 04:34 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?

The US Federal Government doesn't think so. A for-profit 
company is allowed to take contracts on a "non-profit" 
basis, if it does not in fact make a profit off of the 
activity (proving this requires paperwork, which I have 
been responsible for filing, so believe me, I know this is 
so).

It is true, that they also have a reservation of the term 
"grant" for use in "non-commercial organizations". But this 
is a considerable shift of meaning.  We must now interpret 
"NC" as a specific discrimination against certain 
*entities*, and not against certain *activities*.

That is NOT a "non-commercial use" clause, but rather a 
"non-commercial user" clause.

That is a VERY different idea (pretty important one-letter 
change, I admit).

Terry

--
Terry Hancock ( hancock at anansispaceworks.com )
Anansi Spaceworks  http://www.anansispaceworks.com




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