Development of Creative Commons licenses

[Andrew Rens <andrewrens AT gmail.com>]

> > >Andrew:
> > > 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".
> >
> >Drew:  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.
>
>Andrew: I don't think so.

Drew: 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.

Yes

>
> 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.

Yes

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.

Yes, only the bartering of copyright works is allowed via the carve out. That carve out does not permit any other kinds of bargaining.

-- 
Andrew Rens

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