Development of Creative Commons licenses

[nono2sco <nono2sco AT yahoo.com>]

Bear with me this is a bit of a story, then four
questions regarding the CCL.

We have a case where a website is publishing articles
under the CCL Attribution-NonCommercial 2.0 license.

Another person has decided to republish these articles
and has done so maintaining the CCL notices,
attributions, etc to comply with the CCL.  There is no
advertising or other embellishments or charge to view
the articles. The 2nd website owners stated reason for
republishing the articles is because the initial site
would not allow that site to be crawled by the search
engine bots because of bandwidth restrictions and the
owner of the second site wanted the articles to show
up when searched for in Google, etc.

Now here is the part where things get sticky...

The 2nd website owner has a short stock position (that
is standing to make money if the stock value
decreases)  in a company discussed negatively in some
of the articles.  Now the initial site is world famous
and I would say it is doubtful that the second site
will see many hits other than the search engine bots.

At about the same time the 2nd site goes up, the owner
of the first site adds text to the that site that says
no permission is granted to reproduce the content to
persons having an interest in the stock price of any
company involved in any of the cases covered on the
first site.

Now to the four questions...

1) Is the owner of the 2nd site violating  the
Non-Commercial  clause of the CCL because conceivably
his republishing of the negative articles could
influence the stock price of the company in question?

2) Is the owner of the 1st site placing additional
restrictions on the CCL-ed works by saying that a
person with an interest in the stock price is not
granted permission to reproduce them?

3) The first site also states a requirement of
republishing any of the CCL-ed articles is that any
updates to article content be timely updated in the
reproduced version.  Is such an (additional)
requirement compatible or consistent with the terms of
the CCL Attribution, Non-Commercial 2.0 license?

4) If a site clearly states on each page that it is
published under the CCL, with a link to the CCL-NC,
but has further restrictions to that content on a
policies page, is it bound by CCL-NC or the CCL-NC
plus any added policies? (The additional requirements
being those specified above.)

Your thoughts or comments are appreciated.

nono



                
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