On Tue, Sep 4, 2012 at 12:02 PM, Downes <[log in to unmask]> wrote:

Yes, but if you lock a NC licensed resource behind a paywall, you're in 
violation of the license, while if you do that with a non-NC license, 
you're not. So while, yes, you can't regulate intent or behaviour with a 
license, you can use a license to indicate whether this sort of 
behaviour is acceptable to you or not.
Well, prior to version 4.0 of the CC license suite, the paywall of a registered non-profit to recoup cost may not constitute a commercial activity -- so not necessarily a violation of the license depending on how the original copyright holder defines commercial activity. 

The act of denying the human right of individuals to earn a living from OER could also fall into the realms of what we consider acceptable behaviour.  Its a tough call. 


--
Wayne Mackintosh, Ph.D.
Director OER Foundation
Director, International Centre for Open Education, Otago Polytechnic
Commonwealth of Learning Chair in OER, Otago Polytechnic
Founder and elected Community Council Member, WikiEducator
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