Development of Creative Commons licenses

[drew Roberts <zotz AT 100jamz.com>]

On Sunday 10 April 2005 10:53 pm, wiki_tomos wrote:
> ----- Original Message -----
> From: drew Roberts <zotz AT 100jamz.com>
> To: Discussion on the Creative Commons license drafts
> <cc-licenses AT lists.ibiblio.org> Sent: Sun, 10 Apr 2005 16:15:58 -0400
> Subject: Re: Question about possible use of NC works
>
> >I appreciate your thoughtful reply. So far, it is the only one. Here is
> > the thing, if it is indeed this complex, and I fear it may be, the only
> > safe thing I see to do is to leave all NC works out of the picture. Which
> > is a shame, but when there is possible jail time and hugh statutory fines
> > possible for copyright violations, it is not the time to take chances.
>
> Thank you for your kind words. Personally, I would do the same - leave
> NC works altogether to avoid troubles. It might be different if there are
> some legal precedents to rely on. I might feel a little more comfortable
> to tell what's non-commercial then, and do something that I wouldn't
> otherwise.

I was just re-reading the license text to anwer another post and I had this 
thought based on this portion of 4.b.

"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."

http://creativecommons.org/licenses/by-nc/2.0/legalcode

If we made it a condition of getting access to the NC works that a person 
bring in and put on the system some other CC licensed work to build the 
library, it looks like we would be closer to being cool. Now we would just 
need to figure out the exact meaning of:

"provided there is no payment of any monetary compensation in connection with 
the exchange of copyrighted works."

So, how could we get in/avoid trouble with this provision? (Assuming I am 
right that the building the library idea is a valid one.)

all the best,

drew