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cc-licenses - Re: Intended Meaning of "Non-Commercial"

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Subject: Development of Creative Commons licenses

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  • From: Karl Jonsson <kj AT cyberlaw.se>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: Intended Meaning of "Non-Commercial"
  • Date: Fri, 08 Apr 2005 14:40:48 +0200

drew Roberts wrote:
On Wednesday 06 April 2005 04:07 pm, Greg London wrote:

drew Roberts said:

The unclear things are a bit deeper. As I said, I seem to recall that copyright law was amended in my adult life to hold you copying some local American (say CC BY-NC) songs for me and me copying some local Baamian (say CC BY-NC) songs for you and us exchanging the copies as a transaction for commercial advantage. If that is correct, NC just seems to dangerous to play with.


I have no idea... However, section 4 c (BY-NC-SA) reads:

You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.

To me, this suggests that money changing hands need not be a problem ("primarily intended..."). It also explicitly states that "trading" is non-commercial.

/Karl

--
http://www.cyberlaw.se/kalle




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