Development of Creative Commons licenses

[Evan Prodromou <evan AT bad.dynu.ca>]

On Mon, 2005-03-10 at 21:04 +0200, Erik Moeller wrote:
> In the context of CC-NC* content, I think it's a similar scenario. The 
> NC license itself would clearly forbid the ads, but the license is not 
> compulsory -- there's no need for the site owner / hosting company to 
> accept its terms. For them, the situation would be similar to a site 
> that allows user submissions and has no copyright policy at all.

I think you're wrong. The site owner publishes the works and is not the copyright holder; absent any other agreement, the owner's only right to publish it is through the CC license.

I also think there's a big difference between the hosting company (more of a common carrier like the phone company) and the site owner (acts as a publisher).

An easy way to get around this is simply to add an additional term of use, such as:
>     By clicking "Save", you agree to license this work under the Creative Commons Attribution-NonCommercial-ShareAlike license 2.5 or higher. In addition, you grant [Name of wiki site owner] the right to publish the Work, verbatim or modified, on the World Wide Web without restriction. If you don't agree to these terms, don't hit "Save".
You could fiddle with this wording a lot -- allowing publication in any medium, for example, or reducing that "without restriction" to something else.

~Evan