Development of Creative Commons licenses

["Todd A. Jacobs" <nospam AT codegnome.org>]

On Mon, Mar 07, 2005 at 01:42:02PM -0500, Greg London wrote:

> 4.b says you may not exercise the rights granted in 3.b (create a
> derivative work) if it intended for commercial use.

It says "primarily intended." Note that it does not preclude commercial
use per se, it simply says you can't excercise the rights with a
primary intent of using it that way. *shrug*

If I use a BY-NC work, release the derivative as BY (without "intent" to
make money), then I'm technically free to do so. Then what might happen?
Someone downstream to my license might legitimately commercialize
something (with intent to make money), and still be in compliance with
the license that they have.

This isn't meant to rekindle the (very lame) debate about liability for
that sort of thing. Rather, the whole point here is that, without the
requirement to release downstream works under a similar license, all
sorts of weirdness ensues.

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