Development of Creative Commons licenses

[Peter Brink <peter.brink AT brinkdata.se>]

Jonathon Blake skrev:
(from the "Non-commercial ***advertising revenue***" thread)
> But will I win a lawsuit against an individual, or company that puts
> my NC-licenced material on a website that has Google adds next to it,
> or requires one to click on an add to view my NC content?
>
> My understanding --- which is part of the NC material I wrote ---
> states that that is clearly commercial, and as such is a violation of
> the CC-NC licence.

IMO, if a licensor explains how he understands the terms of the license, 
for  example in his own version of the deed document, he (and the 
licensee) would likely be bound by that statement. However his statement 
must be clearly visible to a prospective the licensee and easily 
available to him, for example on the web page from where one downloads 
content.

If I would post my own definition of the term "non-commercial" where I 
defined commercial, among other things, as "any activity that make use 
of the work as a way of generating revenues, for example posting the 
work next to adds." and also "use by educational institutions, such as 
schools and universities, are not considered commercial in this 
context", then I would probably win a case where the licensee had used 
my NC-licensed material on a website that had Google adds all over it.

/Peter Brink