[cc-community] Question on NC clause and third party trackers

Bill Fitzgerald bill at funnymonkey.com
Tue Jul 5 20:36:51 GMT 2016


Hello,

I asked a couple people about this situation - it's a very gray area, and
I'd love to hear some thoughts here.

I was looking at some CC licensed content that was licensed with the NC
clause, which got me to wondering about this scenario:

User A creates content, and releases it under a SA-NC license.

User B creates a derivative work based on that content, and releases it
under a SA-NC license. As I understand it, this is all completely fine.

However, User B's web site allows 3rd party ad trackers, and User B is
compensated by the 3rd party ad companies.

Would this be a violation of the NC clause?

And, a variation of this scenario: User B does not allow 3rd party
trackers, but User B mines user data from site visitors to support
marketing and/or ad targeting by User B. Is this okay under the NC clause?

I've been doing a fair amount of work documenting 3rd party data trackers
related to privacy work I've been doing, but it struck me that we will
probably see some similar scenarios in the OER space, and I was wondering
what you all thought about this.

As always, thank you for your thoughts on this.

Cheers,

Bill


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