Development of Creative Commons licenses

[Bjorn Wijers <mailings AT bdisfunctional.net>]

This email made me wonder:

This seems to be (yet) another case in which it's not quite clear what 
is considered commercial and what not. I remember the draft guidelines 
about what is to be considered commercial and what not, but I actually 
can't remember if these were put into use?

Perhaps the issue with the vague definition of commercial use or not is 
 going to be addressed in v3.0  of the CC licenses? I haven't had the 
time to follow-up on the discussions around v3.0, so maybe somebody else 
can update me on this particular issue?

All the best,

grtz
BjornW

Dylan Busa wrote:
> 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
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> Email: dylan AT 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