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Subject: Development of Creative Commons licenses

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  • From: jonathon <jonathon.blake AT gmail.com>
  • To: cc-licenses AT lists.ibiblio.org
  • Subject: Re: [cc-licenses] Will CC 4.0 Make NC Clause Problems Worse?
  • Date: Tue, 15 May 2012 00:24:59 +0000

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On 13/05/12 08:45, Paul Keller wrote:

> The beauty of the current definition of non-commercial is that it is
> acceptable for a very large number of users.

Is it acceptable to those users because of the rights it protects, or
because of the rights they think it protects?

In some fields of endeavour, the gap between those two groups of rights
is so wide, one would be forgiven for thinking that people were
referring to two different licenses.

> On the other hand the current NC provision has not created any major
> problems in the wild.

AFAIK, all of the dozen odd court cases relating specifically to
infringement issues, have involved an NC license. (I don't have a list
of those cases, the sticking point that led to going to court, and the
outcome.)

> Given the intensity of the discussions here one would expect that there are
> frequent conflicts between licensors and licensees of NC
licensed material but that is simply not the case.

a) The survey done by Creative Commons would suggest that the absence of
such conflict is due to potential users deciding that their usage would
be a license violation.

b i) Of the twenty or so forks of the various CC licenses I have seen,
only one of them has not been a fork of the NC license. To me, this
implies that potential NC license users are engaging in license
proliferation, precisely because the NC license does not address their
specific concerns.

b ii) That NC license proliferation basically boils down to three use cases:
* Distribution must be gratis to the recipient;
* Individuals, and non-profits may use the content. It is off limits for
everybody else;
* Content can be used for educational purposes. All other usage is off
limits;

Each of the NC forks I've read has created two or three issues,in an
attempt to nail down the NC part of the license.

jonathon


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* English

* English

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