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cc-licenses - Re: [cc-licenses] Defining Non Commercial/ Commercial Rights Reserved for clarity

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Subject: Development of Creative Commons licenses

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  • From: drew Roberts <zotz AT 100jamz.com>
  • To: andrewrens AT gmail.com, Development of Creative Commons licenses <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Defining Non Commercial/ Commercial Rights Reserved for clarity
  • Date: Tue, 17 Apr 2012 14:19:02 -0400

On Tuesday 17 April 2012 11:32:08 Andrew Rens wrote:
> On 17 April 2012 10:49, drew Roberts <zotz AT 100jamz.com> wrote:
> > On Monday 16 April 2012 17:17:35 Andrew Rens wrote:
> > > 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:
> > >
> > > 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".
> >
> > I would think it is more is *some* bartering (other than of copyright
> > works) "intended for or directed toward commercial advantage".
> >
> > If some is then bartering is not allowed in all cases.
>
> I don't think so.

Perhaps that was worded in an ambiguous way. Let me try a reword.

If some is then bartering may indeed be allowed in some cases but it is
certainly not allowed in all cases.

>
> 4.b reads in full: "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. 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."
>
> So if you exercise a right granted in Section 3 such as distributing the
> work in a barter, and that bartering transaction is not "primarily intended
> for or directed toward commercial advantage" then that specific bartering
> is allowed by v3.

Right, but if the bartering is in fact "primarily intended for or directed
toward commercial advantage" or because some law somewhere so stipulates,
then it is not allowed. It is not in the carve out that the licenses makes in
the case of digital file bartering/sharing where the laws in some places (so
I hear) stipulate that this behaviour is commercial while the license
specifically negates that.

>
> > Explicit might be better.
>
> I think so
>
>
> Andrew

drew




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