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cc-licenses - Re: [cc-licenses] Commercial definition in CC licenses 3.0 ? Was: Does this case falls under CCAttribution-NonCommercial 2.5?

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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] Commercial definition in CC licenses 3.0 ? Was: Does this case falls under CCAttribution-NonCommercial 2.5?
  • Date: Thu, 7 Sep 2006 04:36:07 -0700

sure...allow me...given how much i love to talk about what NonCommercial means :-)

we have prepared a survey tool based on the current draft of the guidelines and, subject to the board's approval in october, hope to be able to roll this survey tool out to the public to get more feedback on the extent to which the guidelines properly reflect CC licensors intention when applying the NC license condition to their works....

in sum: stay tuned, we're still working on it!!

On Sep 7, 2006, at 4:32 AM, Bjorn Wijers wrote:

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
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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