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Subject: Development of Creative Commons licenses

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  • From: Heather Morrison <hgmorris AT sfu.ca>
  • To: Development of Creative Commons licenses <cc-licenses AT lists.ibiblio.org>
  • Subject: [cc-licenses] Version 4.0: data and text mining
  • Date: Sat, 7 Apr 2012 12:20:09 -0700

With respect to Paul Keller's concern below,

The key phrase is "may use advertising". That is, the purpose of this clause in my proposed new definition of noncommercial is to clarify when advertising is considered commercial exploitation of an NC licensed work. I am suggesting that when search and discovery services use advertising clearly connected with their services, this should be compatible with an NC license, where things like embedding advertising in the content of a derivative would not be covered under NC.

Paul raises an important point which also merits discussion: Paul asserts that we should not specify that search engines or other discovery license to access something that is available on the internet. This makes sense to me, and I hope that Paul is correct.

However, discussions around NC licensing and data and text mining make me wonder whether this actually should be spelled out. There does seem to be a popular perception out there that CC-BY is necessary to allow for data and text mining. I don't believe that this is the case, but would appreciate enlightenment on whether explicitly allowing data and text mining is necessary or desirable. Note that in some cases it may be necessary to create a copy for these purposes.

best,

Heather Morrison

On 6-Apr-12, at 1:42 PM, Paul Keller wrote:


On 5 Apr 2012, at 03:29, Heather Morrison wrote:

Web-based or other discovery services that rely on advertising
revenue, such as search engines, may use advertising IN CONNECTION
WITH THEIR SERVICES in connecting searchers to this content; this does
not constitute commercial use of the content. Advertising that
constitutes exploitation of the content for commercial purposes, such
as advertising inserted into a derivative, advertising that readers
are forced to watch before viewing the content, creating the
impression of sponsorship, or advertising that implies that the
creator endorses the advertised product, constitutes commercial use
and is prohibited by this license.

i strongly oppose this. it is extremely dangerous to imply that search engines or other discovery services should require a license in order to be able to access something that is available on the internet. Search and discovery are essential services for the internet to function and should never require permission from rights holders (regardless of their business model).

/paul
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