Development of Creative Commons licenses

["Sincaglia, Nicolas" <nsincaglia AT musicnow.com>]

I am not a lawyer.

It seems to me that this hosting service could claim that they provide
the servers and bandwidth for a price. As an added benefit to its
subscribers it provides some materials free of charge to them. These
materials have licenses associated with them that the end user must
abide by. In this particular case the blogger must not use this template
if they want to have advertisements on their blog.

In this particular case, I don't know if the CC license is embedded in
the template or the user is made aware of the terms of use for the
template before or at the time they select it.

I just see a possible opening where this hosting service could claim
that they are simply sharing this template free of charge and that the
license applies to the users of the template and not them.

-----Original Message-----
From: cc-licenses-bounces AT lists.ibiblio.org
[mailto:cc-licenses-bounces AT lists.ibiblio.org] On Behalf Of Mia Garlick
Sent: Thursday, September 07, 2006 11:27 AM
To: Discussion on the Creative Commons license drafts
Subject: Re: [cc-licenses] Does this case falls underCC
Attribution-NonCommercial 2.5?


On Sep 7, 2006, at 9:22 AM, jblake AT eskimo.com wrote:

>
<cut>

>
> 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".

really? where is the second? i'm only aware of this one: http:// 
creativecommons.org/weblog/entry/5752 (which is the same as that  
which appears on the wiki: http://wiki.creativecommons.org/ 
NonCommercial_Guidelines)

> 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
> _______________________________________________
> cc-licenses mailing list
> cc-licenses AT lists.ibiblio.org
> http://lists.ibiblio.org/mailman/listinfo/cc-licenses

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