Development of Creative Commons licenses

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

> But you cannot use the template through their service without paying  
them.

Once again, I don't know the specifics of this case but it may be
possible that this service could allow you to upload your own templates
if you don't want to use ones they are providing free of charge. The
user could then find this template on the web and upload it and use it.
That would be a case where you could use the template and this hosting
service without paying them for the use of the template per se.

>They are copying the template so copyright law applies. The CC NC  
>license only gives them permission to copy if they use the work  
>noncommercially.

I still think they could claim that their customers are paying for use
of the servers and the bandwidth but they simply providing templates as
a free of charge convenience for their customers who don't know where to
get blog templates. 

My point in providing another side to this argument is to demonstrate
that it is unclear. You and I get to argue over whether this is
commercial use or noncommercial use for free using the internet. The
blog template owner will need to decide if he wants to hire a lawyer at
$300 an hour to resolve this issue. I am just pointing out that there
may be an opening for the hosting company to drag this issue out rack up
a substantial legal fees for him if they want. I don't think it is an
open shut case.

Nick 



-----Original Message-----
From: cc-licenses-bounces AT lists.ibiblio.org
[mailto:cc-licenses-bounces AT lists.ibiblio.org] On Behalf Of Rob Myers
Sent: Thursday, September 07, 2006 1:32 PM
To: Discussion on the Creative Commons license drafts
Subject: Re: [cc-licenses] Does this case fallsunderCC
Attribution-NonCommercial 2.5?

(IANAL, TINLA, IANCC)

On 7 Sep 2006, at 18:51, Sincaglia, Nicolas wrote:

> I just see a possible opening where this hosting service could claim
> that they are simply sharing this template free of charge

But you cannot use the template through their service without paying  
them.

> and that the
> license applies to the users of the template and not them.

They are copying the template so copyright law applies. The CC NC  
license only gives them permission to copy if they use the work  
noncommercially.

If a hosting company provided music streaming services and placed a  
copy of the new Justin Timberlake single on the server for people to  
stream if they want, this would be commercial use. The same logic  
applies here.

- Rob.
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