@Shamar @kaniini @starbreaker @rysiek I'm skeptical of and concerned about commercial exploitation too. Problem is, "noncommercial" doesn't fix the things you'll expect it to, and will prevent things you want.

Here's a question: if Linux were noncommercial, should a community run nonprofit be legally allowed to run it in a commercially run hosting service / datacenter? Even if the hosting service profits from it? Can the cooperative collect dues?


@cwebber @Shamar @kaniini @starbreaker here's another question: if I support Gargamel on Patreon, does mastodon/social suddenly become a commercial instance? Does that mean he cannot use NC emojos here?

@rysiek @cwebber @Shamar @kaniini @starbreaker NC licensing is a problem for exactly this reason... it's a shaky legal foundation and it also doesn't port well internationally.

CC's interpretation of NC is purposefully vague to be flexible: wiki.creativecommons.org/wiki/

In my opinion, that doesn't make it very useful; NC is mostly a barrier to combining with other FOSS licenses, especially the big copyleft licenses.

In some cases, artists and musicians feel more comfortable with CC licensing... 1/2

@rysiek @cwebber @Shamar @kaniini @starbreaker ...that has the NC clause. Perhaps it's useful from a sociological/activism standpoint, as sort of a "gateway license" into the Free Culture world.

But, back to your example - I think a reasonable interpretation would allow use of those emojis as "not primarily intended for or directed towards commercial advantage or monetary compensation.", which is the CC interpretation (though not actual legal advice, precedent, or ruling). 2/2

@diggity @rysiek @cwebber @Shamar @starbreaker

For another weirdness, the BY (attribution) part of CC licences are vague too, which has caused problems for #OpenStreetMap users who want to use CC-BY-SA data blog.openstreetmap.org/2017/03

@ebel @rysiek @cwebber @Shamar @starbreaker interesting... attribution can be difficult for artistic works too, e.g. combining CC graphics from multiple sources for print works or merchandise (where do you put attribution on a one inch button?).

OSM should probably also ask the contributor to license any of their original work under ODbL when they submit; dual licenses would probably make life easier in the long run, but also new versions of CC licenses can address this compatibility directly.

@diggity @ebel @rysiek @Shamar @starbreaker I do agree that attribution can be hard to accommodate on large collaborative projects

@diggity @rysiek @cwebber @Shamar @starbreaker
"Where do you put the attribution?" Sec 3(a) of the CC-BY-SA licence covers this.
Copyright holder gets to define a "reasonable manner" (3.a.1.i)
#OSM has a form letter ( drive.google.com/file/d/0B3PN5 ) which asks the holder to agree that a mention on the osm.org/copyright page suffices.
Also CC licence forbids use with DRM (2.a.5.c), OSM licence allows it if you offer parallel download.

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