Development of Creative Commons licenses

[wiki_tomos <wiki_tomos AT inter7.jp>]

Hi. I thought your idea was interesting, so I spent some time pondering 
how it would relate to the license terms. 

I think your central question is if that idea falls into the 
"any manner that is primarily intended for or directed toward commercial 
advantage or private monetary compensation." (CC-by-nc 2.0 4-b) 

It has to do with many factors in details of the way the plan is executed, 
and intention of the family that we can understand from those details, 
I guess. 

Is it intended to be a community service of a kind - to nuture local 
music culture, for example? If so, that is more likely 
to be okay. Or is that a way to attract potential customers to the 
store as opposed to competitors' stores? 

If the project is personally financed by the store-owner's private money, 
that would perhaps be safer. The store is generously providing a floor 
space and technical support to the general public. 

On the contrary, if the company's advertisement expense covers the 
cost (of the computer, help people's wage, etc.) that would be more 
likely to be in violation of the license terms. 

The way the plan is announced and explained to the public would also 
make a difference, I suppose. The announcement can advertise how good 
the quality of the songs are, for example, but not how good the store is, 
perhaps. 

Profit from the sales of blank media is another concern, I would imagine. 
Is it enough for the family to simply to say "we intended to make no 
profit out of this, but people ended up buying some blank CDs, and 
we made profit out of it"? Or should there be some reasonable measures 
taken by the store to make sure the users of the service can obtain 
CDs elsewhere, like from a nearby store, etc.? If the latter is the case, 
how much effort is enough effort? Or, I speculate, profit from blank 
media sales associated with the program should go to fund that particular 
project or other charitable cause so that it will not remain as profit? 
Or, taken to its extreme, should the store stop carrying blank media, 
and possibly CD-burners altogether? 

I am sorry that I ask questions instead of answering your question. 
I am not a lawyer, so I cannot answer some of the questions that comes into 
my mind related to this. And the answers or suggestions I made are 
quite possibly wrong. 

Best regards, 

Tomos





----- Original Message -----
From: drew Roberts <zotz AT 100jamz.com>
To: Discussion on the Creative Commons license drafts 
<cc-licenses AT lists.ibiblio.org>
Sent: Sat, 9 Apr 2005 12:21:20 -0400
Subject: Re: Question about possible use of NC works

>I have mentioned before that I am wary of the NC licenses. Now I have 
>thought 
>of a use I might like to suggest to a family business for CC works and the 
>NC 
>works may or may not be usable and I would like input/thoughts.
>
>There is a furniture business in the family. They have a department that 
>sells 
>home entertainment, pro audio, and musical instruments. My idea, and I don't 
>know if they will bite, it so provide a PC with a burner in the store loaded 
>with music that the public could access and burn CDs for themselves. They 
>could bring their own CDs or the store could sell them some. (Currently the 
>store does not sell blank media.
>
>My thought is there would be no charge for the use of the machine and any 
>member of the public could come in and avail themselves of this. They would 
>not have to be paying customers and there would be no ties or obligations.
>
>I figure CC BY, BY-SA, and BY-ND works are cool for this use. What about 
>BY-NC, BY-NC-SA, and BY-NC-ND? Would this be considered primarily a 
>commercial use?
>
>If this would not cross the line, are there any gotchas that we would need 
>to 
>be careful of? That is, things vwery similar that would cross the line?
>
>all the best,
>
>drew
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