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cc-licenses - Re: [cc-licenses] Alex Bosworth: "Creative Commons Is Broken"

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Subject: Development of Creative Commons licenses

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  • From: Mia Garlick <mia AT creativecommons.org>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Alex Bosworth: "Creative Commons Is Broken"
  • Date: Mon, 6 Mar 2006 14:53:48 -0800

but isn't the issue whether the person who makes money to live using the NC licensed work does so in a way that enables the person to make money from the NC-licensed work? this is focusing on the act. if an individual is making money from the actual use of the NC-licensed work, then whether their use is NC or not, depends on the guidelines.

in the case where it is a for-profit company that is incorporated by a sole shareholder for tax reasons, i guess the relevant question is: is it the company acting through the sole shareholder that is using the NC licensed work? or is the sole shareholder using that work as an individual?

drew - what kinds of uses of NC-licensed works does your company make? do you as an individual ever make use of an NC-licensed work? is it possible to distinguish between the two?

On Mar 6, 2006, at 2:42 PM, drew Roberts wrote:

On Monday 06 March 2006 05:34 pm, Mia Garlick wrote:
but for the purposes of determining whether a use is commercial or
not, isn't whether the org is established for the purpose of making
money or not, the only relevant question in answering that question?

I don't see why. We know people have to make money to live. Do we say that
anyone with an income is not qualified to use NC licenced works? Anyone whose
income exceeds his expenses? Anyone not bankrupt?

Why is it not properly the act only that counts?

all the best,

drew

On Mar 6, 2006, at 2:25 PM, drew Roberts wrote:
Well,

a corporation can be established for other purposes though.

all the best,

drew

On Monday 06 March 2006 05:13 pm, Mia Garlick wrote:
what do you mean the definition does not match with reality?

an organization that is established for the purpose of making a
profit has, as adam stated, the objective of making money & thus
everything it does must be assumed ultimately to be connected with a
money-making purpose. even if it offers something for free it is
doing so to increase it's brand and to cultivate favorable PR...for
the purpose of making money.

what would be an alternate definition?

On Mar 6, 2006, at 2:07 PM, drew Roberts wrote:
On Monday 06 March 2006 04:44 pm, Adam Fields wrote:
On Mon, Mar 06, 2006 at 04:35:53PM -0500, drew Roberts wrote:
[...]

so far there have been 2 comments on these. if you think the
definition is too vague & CC should do something to clarify it -
let's discuss these guidelines!!!

OK, I never before understood that a for profit could never
properly use
an NC work. Since I read the pdf, I cannot tell you how many
people I
have come across who see things as I did. (oops, responding in
the wrong
post.)

Curious. Why is that not evident? By definition, everything a
for-profit corporation does is commercial.

Perhaps, but definition does not always match with reality. Should
we always
go with definition?

all the best,

drew
--
http://www.ourmedia.org/node/145261
Record a song and you might win $1,000.00
http://www.ourmedia.org/user/17145
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_______________________________________________
cc-licenses mailing list
cc-licenses AT lists.ibiblio.org
http://lists.ibiblio.org/mailman/listinfo/cc-licenses

--
http://www.ourmedia.org/node/145261
Record a song and you might win $1,000.00
http://www.ourmedia.org/user/17145
_______________________________________________
cc-licenses mailing list
cc-licenses AT lists.ibiblio.org
http://lists.ibiblio.org/mailman/listinfo/cc-licenses

_______________________________________________
cc-licenses mailing list
cc-licenses AT lists.ibiblio.org
http://lists.ibiblio.org/mailman/listinfo/cc-licenses

--
http://www.ourmedia.org/node/145261
Record a song and you might win $1,000.00
http://www.ourmedia.org/user/17145
_______________________________________________
cc-licenses mailing list
cc-licenses AT lists.ibiblio.org
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