[cc-licenses] choosing a new license at freesound, please help

freesound at iua.upf.edu freesound at iua.upf.edu
Wed Oct 25 17:43:38 EDT 2006


Hello again,

> Seriously, the NC licence is the most ambigious, least defined, and
> most problematic of _any_ of the licenc echoices you could have made.
>   [And the person that claimed it was clear, has obviously never read
> it, much less comprehended what it permits, and what it it prohibits.
> (It prohibbts _everything_ that they think it permits.)
>
> Do you have any idea of how CC defines "for commercial purposes"?  If
> the usage goes beyond what an ARR licence would permit under fair use,
> the odds are the person who wants to use NC material has to obtain
> permission from the creator of the material to use it.
>
> [Schools, public universities, churches, and government agencies are
> "commercial organizations" under the current CC guideliens on what
> constitute "for commercial purposes".

It looks like the "authors" in freesound mostly want to use the nc license
because they want to be able to decide who uses their samples in which
commercial contest.

Plans are to on each sample page which uses "by-nc" to add a clear link
which says: "if you want to use this sample in a commercial project please
click here to contact the user".

If a school/... asks for permission, 99.9% of people are going to say "ok".

People (even here I see!) always seem to forget that even though you
release something under by-nc you can still give permission to anyone to
use the sample in a commercial work (in obviously a less "legally defined"
way, but *I* don't care about that).

> "NonCommercial" does not have a legal definition.   Neither is it
> defined in the NC lince,.  Instead, there are at least three, and
> possibly more documetns from CC that purport to explain how CC
> understands the term. Theri understanding of the term, and that of
> you, or your users, are probably antithetical.

... which is quite scary. By the way, why seem there to be no lawyers on
this mailing list?


 - bram


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