[cc-licenses] Proposed Non-Commercial Guidelines
email at greglondon.com
Tue Mar 7 21:50:34 EST 2006
> Having read the Proposed Non-Commercial Guidelines here
I'm a little confused as to the wording of (E)(1)(b)(i):
> As a condition of using a derivative work based on
> an NC-licensed work, of which the original NC-licensed
> work is the primary draw or a substantial amount,
> either qualitatively or quantitatively, of that
> derivative work, license violation this is not a
> noncommercial use.
A derivative work based on an NC-licensed work could,
concievably, be a derivative work created by a user
performing "client side remixing" on an NC-licensed work
in their home. I'm pretty sure that client side remixing
is legal even with works licensed All Rights Reserved.
(perhaps not, I could be wrong.) This bullet (E)(1)(b)(i)
then makes the NC license sound more restrictive than
All Rights Reserved.
The problem, i think, is the word "use"
in the phrase "using a derivative work". Copyright
doesn't cover "use" and "use" is pretty damn broad.
I think the word "use" needs to be changed to the
rights associated with copyright: copy, distribute,
create derivative works, probably specifically the
word "distribute". But I'm just guessing at this point.
Bounty Hunters: Metaphors for Fair IP laws
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