Development of Creative Commons licenses

[Heather Morrison <hgmorris AT sfu.ca>]

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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