Development of Creative Commons licenses

[Anthony <osm AT inbox.org>]

While thinking about this we should keep in mind that the NC licenses
do not ban commercial use.  They ban exercising any of the exclusive
rights of the copyright holder "in any manner that is primarily
intended for or directed toward commercial advantage or private
monetary compensation".

A key word there is "primarily".

Of course, this to some extent only serves to make the waters more
murky.  There is certainly an argument that someone who is printing
and selling books can have an intent which is primarily educational,
and that their purpose in charging a price is to assist in the goal of
educating, rather than vice versa.

On Tue, May 8, 2012 at 8:31 AM, David Wiley <david.wiley AT gmail.com> wrote:
> Ben,
>
> For an example of someone who thinks educational use is commercial,
> see the terms of use here:
>
> http://www.montereyinstitute.org/license/license.html
>
> David
>
> On Mon, May 7, 2012 at 11:20 PM, Ben Finney
> <bignose+hates-spam AT benfinney.id.au> wrote:
>> Heather Morrison <hgmorris AT sfu.ca> writes:
>>
>>> I have argued that NC make explicit that educational use is not
>>> considered commercial.
>>
>> When I use CC-BY-SA materials to teach people a programming language
>> (for example), that is definitely educational use.
>>
>> I do so for a fee directly paid for this service; that is definitely
>> commercial use.
>>
>> So I think it's flatly false to say that educational use is not
>> considered commercial. So it's disingenuous to expect people to
>> interpret a Non-Commercial clause this way.
>>
>> Which part of my definition do you disagree with?
>>
>> I don't see how you could agree that I'm making educational use for
>> profit, but somehow say that is “not considered commercial” use. And if
>> you want it to be “not considered commercial” for the purposes of
>> interpreting the CC-NC clause, then I think you're trying to make the
>> terms mean the opposite of what they say.
>>
>> --
>>  \         “All my life I've had one dream: to achieve my many goals.” |
>>  `\                                            —Homer, _The Simpsons_ |
>> _o__)                                                                  |
>> Ben Finney
>>
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