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cc-licenses - Re: [cc-licenses] NC considered harmful? Prove it...

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Subject: Development of Creative Commons licenses

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  • From: drew Roberts <zotz AT 100jamz.com>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] NC considered harmful? Prove it...
  • Date: Thu, 15 Mar 2007 17:17:13 -0400

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)




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