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cc-licenses - Re: [cc-licenses] Does this case falls under CC Attribution-NonCommercial 2.5?

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Subject: Development of Creative Commons licenses

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  • From: jblake AT eskimo.com
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Does this case falls under CC Attribution-NonCommercial 2.5?
  • Date: Thu, 07 Sep 2006 16:22:42 +0000

Christopher wrote:

>They also pre-install my template design on every new blog hosted there, along with others.

I would call that commercial usage.

So, my question is: Is this a violation of the license?

Yes.

Go through their website, and see what other clauses in the contract they are violating. Make printouts, with the date and URL of the pages that indicate that the violation took place.

Then go to an attorney, to:
* Send a cease and desist letter;
* Negotiate a settlement;
* Draw up a commercial contract for your material;

>After all, the provider doesn't use the theme directly to make money,
> it's more passive through the monthly fee for hosting.

Passive, or active usage is irrelevant.

The issue is whether or not it is being used commercially. By my understanding of copyright law, that does constitute "commercial usage".

>I don't exactly understand the relevant part of the license,

One of the major problems with the CC-NC contract, is that there is no precise legal definition that is applicable across the board of "non commercial usage". Compounding the issue is that there are two different guidelines of what "non commercial" means on the CC website. [One supersedes the other, but the old one does not point to the new one.] Scattered around the net, are at least half a dozen interpretations/understandings of what that contract means to the person who is using the licence.

Given the extremely diverse interpretations of the CC-NC licence, it appears that nobody is clear on what it permits, and what it restricts.

Note: I am not a lawyer.

xan

jonathon




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