I wanted to point out the paper *Consequences, risks and side-effects of the license module "non-commercial use only - NC"*(1). Personally I've never thought NC licenses make sense for most uses. Though this white paper points out that often what people/organizations are actually trying to avoid/prevent is not helped by NC licensing.
Jaakko to bring up the eduction example. There is question regarding charging tuition for a class, is that still non-commercial? (1) http://openglam.org/files/2013/01/iRights_CC-NC_Guide_English.pdf On Tue, Apr 8, 2014 at 3:04 PM, Jaakko Helleranta.com <[email protected] > wrote: > Hi all, > > It's clear that any data that anyone desires to add to OSM must be > available with a license that doesn't restrict commercial use. That's not > where the point is here. > > But what's interesting in the German court ruling -- which seems to me to > be for example stricter (to my understanding) than the Creative Commons' > (the organization's) interpretation of the NC clause of the CC licenses -- > is that it would indeed seem to rule (practically?) all but personal use > out of the appropriate use of content with non-commercial clause. > > And this is in conflict with so many "established" uses of the NC clause > (including humanitarian and other NGOs and a huge range of educational > uses, etc, etc) that it will be interesting to see if this has an impact to > those -- and if/when we'll see more legal cases in this field? > > As a possible positive outcome of this (for OSM) it could happen that some > of the established NC-users might re-evaluate their licene and NC clauses > might loose popularity. Since the NC clause also requires sharing alike > (for the NC clause to not get lost) this could mean more potential data for > OSM as well as more potential (integrated) uses for OSM data (as taking out > the NC would in principle make the licenses "attribution--share-alike" what > OdBL is at heart..). > > -Jaakko > > > -- > [email protected] * Skype: jhelleranta * Mobile: +505-8845-3391 > (Nicaragua) > * Voice(mail) / SMS / What's app: +1-202-730-9778 * > http://about.me/jaakkoh > > > On Tue, Apr 8, 2014 at 2:32 PM, Peter Wendorff > <[email protected]>wrote: > >> Hi, >> even if it would not be restricted to personal use, any data that is put >> to OSM has to be under a license that allows commercial use, too. >> >> HOT has a special purpose, but as long as it's data is living in OSM, >> that data may be used for commercial purposes as well and therefore data >> sources used by the HOT members have to be valid under the OSM umbrella >> as well which contains nearly unlimited commercial use as well. >> >> IMHO - although I'm not a lawyer - the court decision you refer to is >> out of scope here, even a very liberal view of "non-commercial" is too >> restrictive for OSM. >> >> regards >> Peter >> >> Am 08.04.2014 19:54, schrieb Kate Chapman: >> > It was mentioned earlier about how some groups, especially >> > humanitarian groups often choose to use non-commercial licenses on >> > their data. This of course causing an incompatibility with OSM. >> > >> > There recently was a court ruling in Germany that decided that >> > Non-Commercial is only for personal use(1). This would mean that NC >> > licenses are not appropriate for humanitarian data. It will be >> > interesting to see if there are further court rulings. >> > >> > -Kate >> > >> > >> https://www.techdirt.com/articles/20140326/11405526695/german-court-says-creative-commons-non-commercial-licenses-must-be-purely-personal-use.shtml >> > >> > _______________________________________________ >> > HOT mailing list >> > [email protected] >> > https://lists.openstreetmap.org/listinfo/hot >> > >> >> >> _______________________________________________ >> HOT mailing list >> [email protected] >> https://lists.openstreetmap.org/listinfo/hot >> > > > _______________________________________________ > HOT mailing list > [email protected] > https://lists.openstreetmap.org/listinfo/hot > >
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