NonCommercial means not primarily intended for or directed towards commercial advantage or monetary compensation. For purposes of this Public License, the exchange of the Licensed Material for other material subject to Copyright and Similar Rights by digital file-sharing or similar means is NonCommercial provided there is no payment of monetary compensation in connection with the exchange.

Given this definition, I take it that most (probably all) teaching activity undertaken by UK universities is classed as ‘commercial’ in terms of the CC legal blurb since all teaching now is based on ‘monetary compensation in connection with the exchange’? Is that a fair interpretation? IANAL

As far as I can tell, the issue of the non-profit vs for-profit status of organisations has no bearing on this discussion since the definition talks only about individual transactions (‘exchanges’).

This seems unfortunate to say the least.

Andy Powell

Head of Strategic Communications

Eduserv
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From: Open Educational Resources [mailto:[log in to unmask]] On Behalf Of Phil Barker
Sent: 18 March 2014 10:47
To: [log in to unmask]
Subject: Re: non-profit = non-commercial

On 18/03/14 10:41, Pat Lockley wrote:

Hello all,
 
Discussion in the other place led me to an sticking point with NC licenses
 
If there was a site which sold - at cost price - physical copies of
presently digital OER, say bound printed epubs or CDs / DVDs, and in
the sale of these items made no profit (so was non-profit /
provident?) would you consider that commercial?

Would you count that as payment of monetary compensation?
"

1. NonCommercial means not primarily intended for or directed towards commercial advantage or monetary compensation. For purposes of this Public License, the exchange of the Licensed Material for other material subject to Copyright and Similar Rights by digital file-sharing or similar means is NonCommercial provided there is no payment of monetary compensation in connection with the exchange.

"
http://creativecommons.org/licenses/by-nc/4.0/legalcode

 
 
Thinking is for people who don't have easy access to the internet this
might prove a useful intermediary
 
Pat

-- 
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twitter: https://twitter.com/#!/philbarker
 
Ubuntu: not so much an operating system as a learning opportunity.
http://xkcd.com/456/