Cc-uk mailing list

[Rob Myers <robmyers AT mac.com>]

On Friday, December 03, 2004, at 07:54AM, Prodromos Tsiavos 
<prodromos.tsiavos AT socio-legal-studies.oxford.ac.uk> wrote:

>The iCC has approved the draft that I am attaching and a final confirmation 
>by 
>the members of the Legal Advisory Board is expected by the 8th of December 
>(this is the earliest date when the members of the LAB, the drafting team, 
>iCC 
>and the BBC are available for a phone conference).

Down to five very clear pages! I like the structure of 2.1, using HOWEVER and 
FINALLY makes it very easy to follow logically.

>In relation to the issue of BBC CA- CC-UK compatibility, we are taking on 
>board the comments posted in the list and we will NOT include any clauses 
>that 
>may cause the black-hole phenomenon. 

That's great. 

>For that purpose we are still trying to 
>convince BBC to adopt the same Non-Commercial definition as the CC-UK 

Is the BBC still concerned about institutional use? Can children in a school 
(or students in a university) use the CA? If not then the CA are excluding 
what is surely one of their main audiences. If they can, aren't schools 
institutions? Indeed, aren't they *commercial* institutions in the age of PFI 
deals?

>From what I've read on the US lists, the CC definition of NC is regarded as 
>fairly restrictive, certainly more so than the provisions of the GPL* that 
>cover being able to charge a price for distribution. If you played an NC 
>single on a commercial radio station or even had advertisements on a site 
>that you can download CC-NC songs from, current wisdom is that you'd be 
>breaking NC.

Given how restrictive NC is anyway, whether a person or an institution is 
using the material makes very little difference. And if institutions are 
excluded, a number of individuals from the same institution could use the 
work and release their changes very quickly to each other. I think it would 
be a difficult and counter-productive requirement to enforce, and quite easy 
to circumvent.

- Rob.

* - I know that the GPL isn't noncommercial, but it does regulate how costly 
obtaining source material can be. It's this aspect that I'm using as a point 
of comparison.