Development of Creative Commons licenses

[jblake AT eskimo.com]

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