Tim Cowlishaw wrote:
Therefore, the NC condition is included in order to prevent free-riding on verbatim copies (rather than derivatives) of the work, which are unprotected in this respect by SA.
And if only CC hadn't specifically written the NC clause to override US law and support the current generation of free riders. :-)
Copying on CD is going the way of the dodo, so preventing commercial pirates/bootleggers from selling your work down the market but supporting p2p networks in charging people for sharing your work globally makes no sense. It's possible to argue that p2p networks (or iPods, or DVD burners) are indirect profit whereas sales of ripped CDs is direct profit, but this is a bit weak.
It might be interesting to differentiate use from distribution as the GPL does and to try to give only users the right to charge (which would prevent people from charging for distribution of work unlistened) but this gets confusing pretty quickly. Or to use a parametric test like Fair Use does. But NC as it stands is problematic, however well intentioned it is.
- Rob. _______________________________________________ fc-uk-discuss mailing list fc-uk-discuss@lists.okfn.org http://lists.okfn.org/mailman/listinfo/fc-uk-discuss
