[cc-community] Fwd: [Licenses] Proposal for new "Commercial" clause

Diane Peters diane at creativecommons.org
Sun Sep 25 11:18:51 GMT 2016

Please use this unmoderated list to continue your discussion.


---------- Forwarded message ----------
From: Diane Peters <diane at creativecommons.org>
Date: Sun, Sep 25, 2016 at 4:17 AM
Subject: Re: [Licenses] Proposal for new "Commercial" clause
To: Development of Creative Commons licenses <licenses at creativecommons.email

I am forwarding this thread over to the cc-community list as a more
suitable place for this discussion at present. Please continue the
discussion and exchanges of ideas there, as this email list is moderated.
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On Fri, Sep 23, 2016 at 4:03 PM, maiki <maiki at interi.org> wrote:

> On Fri, Sep 23, 2016 at 1:53 AM, Martin Doucha <next_ghost at quick.cz>
> wrote:
> > A simple and
> > well-known license that eliminates almost all transaction costs
> > traditionally associated with copyright could revolutionize the
> > commercial market the same way that current CC licenses and GNU GPL have
> > revolutionized non-commercial culture and software development,
> > respectively.
> The GPL is used in commercial works, extensively. I imagine CC
> licenses are as well, but I can't speak to that personally.
> WordPress powers an unheard part of the web, and there is a thriving
> commercial ecosystem that is generating a lot of money. I buy
> thousands of dollars of GPL software each year, sometimes tens. And
> except for a couple of services I use for accounting and such, the
> entirety of the software that powers my business is GPL or compatible.
> And I personally make a substantial amount of my income from creating
> and customizing GPL software.
> Okay, so that speaks to the GPL portion of that statement, but here's
> the reason I think the same works for CC: I also pay for CC works. A
> lot, and I actively look for it. I fancy myself a producer in the hip
> and cool remix sense, so it is important to me to find works that are
> licensed in a way that is not commercially prohibitive. Games, music,
> books and videos, I've supported lots of projects that are under a CC
> license, and I pay attention to how they work, and while the issues of
> production are similar for all projects, they often have better
> records of distribution and better profit margins that are not eaten
> at from hidden costs that come with companies that operate under the
> full copyright regime.
> I'll also take it a step further: I've collaborated and created
> derivatives of games and text with the creators of CC works. I wasn't
> motivated by commercial interests, but commercial opportunities have
> always been abundant from my experience. And I am of course very
> biased, but I wouldn't look twice at a CC-NC license, especially if it
> tried to make commercial terms apparent in the shorthand (regardless
> of the spirit, I am not sure having a number in the shorthand
> communicates effectively).
> Anecdotally again, I've found that people that choose a CC-NC license
> are moving away from full copyright in a way that they still feel safe
> (or are otherwise obligated to). I have absolutely no issue with that.
> However, I am not interested in navigating the psychology of that
> stance. If there is money to be made (my definition of commercial)
> then I want to have a free and open conversation, to find
> understanding and a solution that rewards all parties. This is my
> fluffy, digi-hippy lens by which I view the CC licenses. ^_^
> I don't offer that as the "way" we should approach licenses, but
> rather to offer two counter-points:
> 1. Commercial is ever ambiguous, and therefore requires more
> discussion, not less; hence the Non-Commercial license should remain a
> blunt instrument rather than a set of surgical tools, and
> 2. We have a terrific, dynamic, thriving and very interesting
> commercial space around free culture and free software. There is money
> being made!
> For your consideration, sorry if I didn't follow the norms of this mailing
> list.
> maiki
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