[cc-licenses] Proposed Non-Commercial Guidelines
mia at creativecommons.org
Tue Mar 7 18:52:35 EST 2006
On Mar 7, 2006, at 3:41 PM, Jonathon Blake wrote:
> Rob wrote:
>> I think that the CC NC guidelines are very good, and I'm very glad
>> CC are producing them.
> They are slightly clearer than the "old" guidelines".
what are the "old" guidelines?
> The three issues I have with them are:
> i) A. (1.) (c) defines "allowable NC User" as a non-profit
> organization. The footnotes specifies IRS 501(c)(3), and then tosses
> out six of the ten types of groups.
i attempted to respond to your earlier comments on this in this
003308.html which was a bit long so let me recap:
as regards excluding religious organizations given the US definition
of a not for profit org excludes political organizations, the
thinking was that there are three things one should not talk about in
polite society - politics & religion being two of them. if the
community believes that either or both political nonprofits &
religious nonprofits should be able to use NC-licensed works, then
let's change the guidelines to reflect this.
the others were not referred to because they were so specific &
arguable come within the category of being charitable orgs. but again
- all this can be changed if the community feels necessary &
> ii) D 1. (d) which allows an organization to "sell" material, as part
> of its membership drive. I'm guessing that the idea here is that your
> local NPR affiliate can print out a book, and give away copies, during
> their begging for money week. I can easily see happening, is that an
> organization prints up the material, and proceeds to "sell" it, under
> the guise of calling it a "membership" premium. The shadier the
> organization, the more likely this is to occur.
so i also responded to this in the longer posting - short version:
offering access to free content in exchange for premium membership
renders access conditional upon payment, not optional & thus a breach.
> iii) An organization that does not have 501(3)(c) status with the IRS
> is automatically considered to be using it "commercially." This
> effectively eliminates all usage of NC licenced material by government
the intent is not to focus on s501(3)(c) because these guidelines are
intended to have global reach. we looked to that for guidance &
welcome your suggestions & guidance in return. the point you raise
about government usage is a good one. it's not an issue that i have
seen discussed in conversations about noncommercial use - how should
we deal with it?
> For all practical purposes, A. (1) (b) is a subset of A (1) (c), and
> can be deleted.
> Ethical conduct is a vice.
> Corrupt conduct is a virtue.
> Motto of Nacarima.
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