Development of Creative Commons licenses

[Andrew Rens <andrewrens AT gmail.com>]

On 16 April 2012 12:11, drew Roberts <zotz AT 100jamz.com> wrote:

On Saturday 14 April 2012 22:39:59 Anthony wrote:
> On Fri, Apr 13, 2012 at 4:24 PM, Andrew Rens <andrewrens AT gmail.com> wrote:
> > Proposed Definition: commercial use is the transactional use of the work;
> > that is selling, bartering, or letting the copyright work or including
> > the work in a paid for advertisement (and the like).
>
> That would be quite a change.  Bartering is explicitly allowed in 3.0.

Not for other sorts of goods surely. You can't barter a bunch of NC songs for
a steak dinner can you? (Per the license, not as a practical matter.)

Para 4.b. of v3 states  "The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works."

From this one could claim that version 3.0 currently implicity prohibits exchanging the Work for other things such as physical artefacts, cellular airtime (widely used as a de facto currency in many developing countries), services, trademarks, patent licences etc.

However that is not explicit. Bartering is by definition not "intended for or directed towards private monetary compensation". The question that then arises is whether all bartering (other than of copyright works) is "intended for or directed toward commercial advantage".

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Andrew Rens

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