Development of Creative Commons licenses

[drew Roberts <zotz AT 100jamz.com>]

On Thursday 15 March 2007 03:02 pm, Jonathon Blake wrote:
> Massey wrote:
> > > a)  The current Creative Commons NC guidelines allow a company, under
> > > specific circumstances, to _sell_ material with an NC licence. This is
> >
> > How is that possible? Both the cases you mention seem to me to fall
>
> Simple.The vendor simply looks at the current CC Guidelines, and says
> "Aha., We can sell this product, under this exception." Certain
> restrictions do apply, but it is trivial to blow those exceptions to
> smithereens.
>
> So they proceed to sell the product.
>
> I figure it is simply a matter of time before CC-NC material shows
> upon eBay,and the licensor won't be able to do a thing about.
>
> [ I am about ready to pony up the $1 000 it costs, to a have lawyer
> rewrite the CC-BY-NC-SA licence to specify that distribution has to be
> gratis, and it it may not be distributed in any manner that even hints
> at being a non-gratis transaction.]

Won't you run aground on the first sale doctrine? Or is that really only 
sale? 
If I give an NC book to a friend, can they really never sell it in a garage 
sale?
>
> > > b) The current Creative Commons NC guidelines prohibits government
> > > agencies ---which includes most public schools and colleges --- from
> > > using  material with an NC licence;
> >
> > Probably because there is "monetary compensation" involved at some
> > level or other? Yet I am sure most authors would grant exceptions if
>
> The CC Guidelines permit NC usage by individuals,or non-profit
> organizations with tax exempt status.( For the US, it requires both a
> specific type of incorporation, and a specific tax exemption.  In
> other countries, the requirements are for whatever their equivalent
> is.
>  For the UK, I think it listing as a "registered charity",and
> incorporation as "limited by guarantee".)

All I need is a pint a day?
>
> As a general rule, public schools and colleges do not fall into that
> exemption.
>
> xan
>
> jonathon

all the best,

drew

-- 
(da idea man)