Development of Creative Commons licenses

["Greg London" <email AT greglondon.com>]

> Having read the Proposed Non-Commercial Guidelines here
>
> https://lists.ibiblio.org/sympa/arc/cc-licenses/attachments/20060110/02d7a271/NonCommercialGuidelinesclean-0001.pdf

I'm a little confused as to the wording of (E)(1)(b)(i):

> As a condition of using a derivative work based on
> an NC-licensed work, of which the original NC-licensed
> work is the primary draw or a substantial amount,
> either qualitatively or quantitatively, of that
> derivative work, license violation – this is not a
> noncommercial use.


A derivative work based on an NC-licensed work could,
concievably, be a derivative work created by a user
performing "client side remixing" on an NC-licensed work
in their home. I'm pretty sure that client side remixing
is legal even with works licensed All Rights Reserved.
(perhaps not, I could be wrong.) This bullet (E)(1)(b)(i)
then makes the NC license sound more restrictive than
All Rights Reserved.

The problem, i think, is the word "use"
in the phrase "using a derivative work". Copyright
doesn't cover "use" and "use" is pretty damn broad.

I think the word "use" needs to be changed to the
rights associated with copyright: copy, distribute,
create derivative works, probably specifically the
word "distribute". But I'm just guessing at this point.

Greg


-- 
Bounty Hunters: Metaphors for Fair IP laws
http://www.greglondon.com/bountyhunters/