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cc-licenses - Re: [cc-licenses] Granularity on non-commercial restrictions

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Subject: Development of Creative Commons licenses

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  • From: Stefan Tiedje <Stefan-Tiedje AT addcom.de>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Granularity on non-commercial restrictions
  • Date: Thu, 24 Nov 2005 12:49:17 +0100

Jonathon Blake wrote:
either BY-SA-FCE (Fair Compensation Encouraged)
or BY-SA-NC-FCR (Fair Compensation Required)


Either of those options will be thornier than a plain "NC" will be.

One practical example. Walmart's unofficial pricing policy for its
vendors is: "fair compensation is less than it costs you to produce
the product."

There are two points behind the idea of fair compensation:
One of course is fairness, the believe that a good deal is always win-win. The above definition is clearly a win-loose, Walmart would be the winner: that would be clearly unfair and as good or bad as no compensation.

The other point is, I want to get into a way of business beyond laws, (and beyond the idea of a fixed market price) but still have a clear point for people who can only think of laws. I do not intend to sue anybody who would want to rip me off, but I would make it public! For big compamies bad press is much more expensive than paying a fair compensation. (They might want to avoid that with unfair lawsuits, thats why it has to be well laid out.)

Scenario one: Your music is distributed under the BY-SA-CFE licence.
Their idea of "fair compensation" will be zero dollars and zero
cents.
Scenario two: Your music is distributed under the BY-SA-FCR licence. Their idea of "fair compensation" will be one dollar and one cent.

Whilst either a BY-SA-NC-FRE or BY-SA-NC-FCR licence would disallow
both of those scenarios, would the resulting complexity clarify things
more than the current BY-NC-SA?

Yes, because I tell publicly that I do want compensation, and if a user/company which is clearly capable of compensating does not do so, it might harm them more than just doing it. They usually have no problem to pay fees to authors rights associations. It just has to be easy.

And its clearly more free than a strict NC. But the main point is even if I don't care about unfair users, I do care about potential users which know what fairness means. For them it has to be easy, otherwise they don't use it.

Stefan

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Stefan Tiedje
Klanggestalter
Electronic Composition
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Improvisation

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