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cc-licenses - Re: Use cases for NonCommercial license clause

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Subject: Development of Creative Commons licenses

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  • From: drew Roberts <zotz AT 100jamz.com>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: Use cases for NonCommercial license clause
  • Date: Tue, 19 Apr 2005 18:42:05 -0400

This is the kind of thing I like to see as when the answers come, it helps me
to understand things and reason about them.

I also like to find a definate yes and a definate no and then adjkust each to
be closer to the other and answer again and so on. When the "line" is
reached, hopefully we will have learned something and hopefully, it will be
sonewhere that makes some sense.

all the best,

drew

On Tuesday 19 April 2005 01:11 pm, Evan Prodromou wrote:
> I think it might be useful to get some response from Mia or others at
> CC about some common "commercial" uses. Here's some possible uses to
> compare against the NonCommercial licenses, and consider whether they
> comply or not. I've put my ideas about compliance in square brackets
> afterwards.
>
> (Assume that the parties are otherwise compliant -- say, by giving
> attribution and license notification.)
>
> * A publishing company downloads a by-nc 2.0 book from the
> Internet, makes a print run of 100,000 copies, and sells it in
> bookstores across the country. [no]
>
> * An individual downloads a by-nc 2.0 book on her computer and
> reads it. [yes]
>
> * An individual downloads a by-nc 2.0 book on her computer, prints
> it on her printer, and reads the printed version. [yes]
>
> * An individual downloads a by-nc 2.0 book on her computer and
> emails the file to a friend. [yes]
>
> * ...and shares it with the world on her Web site. [yes]
>
> * ...and shares it with the world through a P2P network. [yes]
>
> * An individual downloads a by-nc 2.0 book on her computer, prints
> it on her printer, and gives it to a friend. [yes]
>
> * ...and lets the friend use her printer and computer to print it
> himself. [?]
>
> * ...and sells the printed copy to a friend for the cost of
> materials (paper, toner, electricity, ...). [?]
>
> * ...and sells the printed copy to a friend for the cost of
> materials, plus her time in finding and printing the book. [?]
>
> * ...and sells the printed copy to a friend for the cost of
> materials, plus her time in finding and printing the book, plus
> a 10% profit. [?]
>
> * ...and trades the copy with a friend for another printed book. [?]
>
> * ...and trades the copy with a friend for a blender. [?]
>
> * An individual downloads a by-nc 2.0 book on her computer and prints
> it on her printer. She takes it to her local photocopy shop and
> makes a copy herself, which she gives to a friend. [yes]
>
> * ...and pays the staff of the photocopy shop to make a copy for her,
> which she gives to her friend. [yes]
>
> * ...and pays the staff of the photocopy shop to make 100 copies for
> her, which she gives to all her friends and family. [yes]
>
> * A photocopy shop has a computer by the front desk. You can
> browse by-nc 2.0 books you like on the computer, and then pay the
> photocopy staff to make a printed copy of one or more for you. [no]
>
> * A photocopy shop has a Web site. You can browse books you like
> on the Web site, and then fill out an online form for the book
> you want. The shop then FedExes you a copy. [no]
>
> * A photocopy shop downloads a by-nc 2.0 book and makes 100
> copies, which they put in a display by the front door. You can
> buy a copy from them at the counter. [no]
>
> * ...which they put in a display by the front door. You can take
> as many as you want. [no?]
>
> * ...which they put in a display by the front door. The cover
> says, "Courtesy of the Fakename Copy Shop." [no?]
>
> * ...which they put in a display by the front door. You can take
> one free with any purchase of $10 or more. [no?]
>
> * ...which they donate to a local children's literacy program. [no?]
>
> * ...which they donate anonymously to a local children's literacy
> program. [no?]
>
> * An individual downloads a by-nc 2.0 book on her computer and
> and shares it with the world on her Web site. Every download
> costs $0.99. [no]
>
> * ...and shares it with the world on her Web site. People have to pay
> $5.95 a month to get a membership to the "downloads" section of
> her Web site. [no]
>
> * ...and shares it with the world on her Web site. Payments aren't
> required, but she has banner ads on every page. [?]
>
> * ...and shares it with the world on her Web site. Payments aren't
> mandatory, but she has a "Support this site!" Paypal donation
> link on the every page. [?]
>
> * An elementary school teacher downloads a by-nc 2.0 play from the
> Internet. Her drama class performs the play for the rest of her
> school during an assembly. [yes]
>
> * Her drama class performs the play for parents, charging $7 per
> ticket. [no]
>
> * A local theater company performs a by-nc 2.0 play, charging $35
> per ticket. [no]
>
> * A local theater company performs a by-nc 2.0 play for free to
> the schoolchildren at an assembly. [no?]
>
> * A local theater company performs a by-nc 2.0 play for free to
> the schoolchildren at their theater. [no?]
>
> * A costume company downloads and prints a number of scripts for
> by-nc 2.0 plays. They rent the printed scripts to teachers. [no?]
>
> * A costume company downloads and prints a number of scripts for
> by-nc 2.0 plays. If elementary school teachers rent costumes for
> the play, they get to use the scripts for free. [no?]
>
> * A photocopy shop downloads a by-nc 2.0 image of a bee from the
> Internet. They put it in advertisements in the local paper,
> saying, "Bee Smart! Use Fakename Copy Shops!" [no]
>
> * A Girl Scout troop downloads a by-nc 2.0 image of a bee from the
> Internet. They put up flyers in their neighborhood: "Bee nice!
> Don't litter!" [yes]
>
> * ... "Bee nice! Buy Girl Scout Cookies!" [no]
>
> * ..."Bee nice! Don't litter! (Brought to you by Girl Scout Troop 45,
> who make those delicious cookies)" [no]
>
> * "Bee nice! Donate money to the Girl Scouts!" [no]
>
> * "Bee nice! Donate your time to the Girl Scouts!" [yes?]
>
> * An individual downloads "Eastern Standard Tribe" (a by-nd-nc 2.0
> book) on her computer. She pays a vanity press to make 100
> bound copies, at her expense, which she then distributes
> to friends and family as gifts. [yes]
>
> * An individual downloads "Eastern Standard Tribe" (a by-nd-nc 2.0
> book) on her computer. She has a personal vendetta against Cory
> Doctorow dating to a cocktail party in 1997. So she
> painstakingly makes 100,000 bound copies by hand, which she then
> distributes freely, glutting the market. Doctorow is bankrupted.
> [yes]
>
> * An individual downloads "Eastern Standard Tribe" (a by-nd-nc 2.0
> book) on her computer. She has a personal vendetta against Cory
> Doctorow dating to a cocktail party in 1997. So she pays a
> vanity press to make 100,000 bound copies, at her expense, which
> she then distributes freely, glutting the market. Doctorow is
> bankrupted. [yes]
>
> * Fakename Publishers download "Eastern Standard Tribe" (a by-nd-nc 2.0
> book), printed by their arch-rival. They make 100,000 bound copies
> which they distribute freely, glutting the market. Doctorow and
> his publisher are bankrupted. [no]
>
> * A non-profit children's literacy group downloads a copy of a
> by-nc 2.0 book. Staff makes 100 copies on the group's copy
> machine, which they give away to local orphanages. [yes]
>
> * ...which they sell to local orphanages for the price of
> materials. [no]
>
> * ...which they sell to local orphanages for the price of
> materials and labor. [no]
>
> * ...which they sell to local orphanages for the price of
> materials and labor and a 10% profit. [no]
>
> * ...which they give away to the public to raise awareness of
> reading. [yes]
>
> * ...which they give away to the public as a gift with every
> donation of $50 or more. [no?]
>
> * ...which they sell to the public for a profit. [no]
>
> * ...which they give away to the public with a "suggested
> donation". [no?]
>
> * A children's literacy group downloads a copy of a by-nc 2.0 book.
> A photocopy shop donates time and material to make 100 copies of
> the book, which is given away to the general public to raise
> awareness of reading. The back cover says, "Labor and material
> donated by Fakename Copy Shop." [yes]
>
> * A public library has computers and a printer. Printouts and
> computer usage are free. An individual uses a computer and prints
> out a by-sa 2.0 novel for herself. [yes]
>
> * An Internet cafe has computers and a printer. Printouts cost 5
> cents a page. An individual rents a computer and prints out a
> by-sa 2.0 novel for herself, and pays for the time and print
> costs. [yes]
>
> * A public library sells copies of by-nc 2.0 books. [no]
>
> OK, I'm exhausted from all those. Sorry for such a long list, but it's
> a really complicated subject. There are probably a lot more edge cases
> that need exploration.
>
> ~Evan
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