Development of Creative Commons licenses

["Greg London" <email AT greglondon.com>]

(bah, I sent this to "community" list. I meant "license" list,
since it's actually directly license related.)

This just got sent to cc-education by CC's general counsel.
Was I the only one who thought "NonCommercial" meant
"money changing hands"? CC is saying that noncommercial
allows "not for profit" transactions. Does this mean
the user needs a non-profit-organization? or do they
just need to "break even" on their transaction?
At what point does "covering costs" turn into salary.
"well, I spent 20 hours working on this, my "costs"
are 20 hours of labor." Non-profit organizations
can have salaried employees, can't they? I'm more than
a little confused since I thought NC prohibited ANY
transaction that involved money.



------------------------------ Original Message
------------------------------
Subject: [cc-education] Intended Meaning of "Non-Commercial"
From:    "Mia Garlick" <mia AT creativecommons.org>
Date:    Tue, April 5, 2005 9:46 pm
To:      cc-education AT lists.ibiblio.org
------------------------------------------------------------------------------

Just to clarify a topic that has been the subject of some discussion on this
list over recent days - the intended meaning of non-commercial as drafted in
the CC-NC licenses is any use in a for-profit environment. The drafting
of the
license was intended to avoid any distinctions based on whether money
changed
hands or a profit was actually made.  The relevant factor to consider is
whether the entity making use of the work has profit as its primary motive.

Hope this clarifies things rather than raises more questions!

All the best,

Mia Garlick
General Counsel
543 Howard St., 5th Floor
San Francisco CA 94105-3013
United States
Tel: 415-946-3073
Fax: 415-946-3001
http://creativecommons.org/

Please note: the contents of this email are not intended to be legal advice
nor should they be relied upon as or represented to be legal advice.
Creative
Commons cannot and does not give legal advice. You need to assess the
suitability of Creative Commons' tools for your particular situation, which
may include obtaining appropriate legal advice from a licensed attorney.

_______________________________________________