Skip to Content.
Sympa Menu

cc-licenses - Re: [cc-licenses] Version 4:0: second draft suggested change to definition of "noncommercial"

cc-licenses AT lists.ibiblio.org

Subject: Development of Creative Commons licenses

List archive

Chronological Thread  
  • From: Anthony <osm AT inbox.org>
  • To: andrewrens AT gmail.com, Development of Creative Commons licenses <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Version 4:0: second draft suggested change to definition of "noncommercial"
  • Date: Thu, 12 Apr 2012 00:35:05 -0400

On Mon, Apr 9, 2012 at 9:46 PM, Andrew Rens <andrewrens AT gmail.com> wrote:
> Whether we want to or not treat people differently depending on their
> motives it is simply unworkable.

Well, that is precisely what the NC licenses attempt to do: "You may
not exercise any of the rights granted to You in Section 3 above in
any manner that is primarily intended for or directed toward
commercial advantage or private monetary compensation."

> How can a Licensor enforce a licence when
> the question of whether the licence has been infringed or not is not subject
> to normal methods of proof such as whether money actually changed hands but
> instead rests on the state of mind of the defendant?

Well, once an author has shown a prima facie case of copyright
infringement, the burden of proof shifts to the "defendant" to show
that their use falls within the terms of the license.

I certainly agree with you that it makes things very messy.

But that's what the NC licenses say. Whether or not one is in
violation is wholly dependent on their *intent*, not whether or not
money actually changes hands. (Whether or not money actually changes
hands certainly can be indicative of intent, however.)




Archive powered by MHonArc 2.6.24.

Top of Page