Development of Creative Commons licenses

["Dylan Busa" <dylan AT mindset.co.za>]

I am in a similar situation but in regard to educational content. I too would 
welcome any clarity h CC community can bring to how the NC restriction was 
intended to be used and how it should be applied.

Dylan Busa
Website and KMS Manager
Mindset Network
Office: +27 (0)11 408 4689
Fax: +27 (0)11 339 1570
Email: dylan AT mindset.co.za
Web: www.mindset.co.za

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-----Original Message-----
From: cc-licenses-bounces AT lists.ibiblio.org 
[mailto:cc-licenses-bounces AT lists.ibiblio.org] On Behalf Of Christoph Boecken
Sent: 07 September 2006 12:54 PM
To: cc-licenses AT lists.ibiblio.org
Subject: [cc-licenses] Does this case falls under CCAttribution-NonCommercial 
2.5?

Hi,

I provide a template design (hosted on my own domain) for the blogging system 
WordPress, which is licensed under CC By-NC 2.5, which means that it's not 
allowed to use the design for commercial purposes. The relevant part of the 
license is quoted below:

"[...]You may not exercise any of the rights granted to You in Section 3 
above in any manner that is primarily intended for or directed toward 
commercial advantage or private monetary compensation. The exchange of the 
Work for other copyrighted works by means of digital file-sharing or 
otherwise shall not be considered to be intended for or directed toward 
commercial advantage or private monetary compensation, provided there is no 
payment of any monetary compensation in connection with the exchange of 
copyrighted works...[...] CC By-NC 2.5, Section 4, Part b.

Today I found out about a hosting provider, providing bloggers a platform 
with pre-installed WordPress for a monthly fee. They also pre-install my 
template design on every new blog hosted there, along with others.

So, my question is: Is this a violation of the license? After all, the 
provider doesn't use the theme directly to make money, it's more passive 
through the monthly fee for hosting. I don't exactly understand the relevant 
part of the license, so if anyone could help me out, I'll really appreciate 
it.

Thanks in advance, Christoph
-- 


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