Development of Creative Commons licenses

[Mia Garlick <mia AT creativecommons.org>]

at the risk of beating a dead horse more, under the Discussion Draft  
NC Guidelines, the use of ads in conjunction with NC content depends  
on how prominently the content was used in conjunction with the ads.

also, if it for a service provider, it may come with the service  
provider exception...

http://wiki.creativecommons.org/NonCommercial_Guidelines

On Feb 2, 2007, at 8:05 AM, Andres Guadamuz wrote:

> These are my opinions based on my personal understanding. IAAL.
>
>
> Michael Welp wrote:
>
> > If a piece of text is licensed under a NC-license, is one allowed  
> > to put
> > that text on a web page with ads?
> >
> > For example, someone released an article about tomatoes under a
> > NC-license. I like that article and put it on my website. There  
> > are ads
> > displayed on my website, for example, Google AdSense:
>
> In my opinion, yes, it would infringe the licence.
>
> > 1. If I placed the ads on the website and receive the revenues, would
> > that violate a NC-license?
>
> I also think this would violate the licence's terms.
>
> > 2. I use a free web hosting service. The business model of the web
> > hosting company is to offer free hosting and to place ads on the free
> > websites to make money.
>
> This is a borderline case, as you are not the one who is obtaining
> commercial gain.
>
> > 3. The ads are independent from the licensed text, e.g. the text is
> > about tomatoes and the ads are about computer software. Violation?
> I do not understand this, subject matter has nothing to do with
> commercial use or not.
>
>
> > 4. The ads refer to the licensed text. For example, Google AdSense  
> > works
> > this way: the content of a web page is analyzed and then matching ads
> > are automatically displayed. For example, ads about tomato soup,  
> > how to
> > grow tomatoes, etc.
>
> Again, subject matter of the ads is completely irrelevant to the
> commercial use.
>
> > PS: Sorry if my English reads not that smooth -- English is not my
> > mother tongue.
>
> Same here :)
>
> Regards,
>
> Andres
>
> --
> Andres Guadamuz
> AHRC Research Centre for Studies in
> Intellectual Property and Technology Law
> Old College, South Bridge
> Edinburgh, EH8 9YL
>
> Tel: 44 (0)131 6509699
> Fax: 44 (0)131 6506317
> a.guadamuz AT ed.ac.uk
> http://www.law.ed.ac.uk/ahrb/
>
> IP/IT/Medical Law LLM by Distance Learning
> http://www.law.ed.ac.uk/distancelearning/
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