Development of Creative Commons licenses

[rob AT robmyers.org]

I am not a lawyer, this is not legal advice, I am not CC.

Quoting Christoph Boecken <jeriko.one AT gmx.net>:

> 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.

If you don't pay them, you don't get to use the template. That sounds like
commercial use. So their re-distribution of your work as part of their service
does seem to be for "commercial advantage or private monetary compensation".

You could email them and explain that they are breaking the terms of the
license. If that doesn't work you might be able to send them a DMCA notice
because they are hosting your copyrighted work without permission (by not
following the terms of the license).

- Rob.