Well, you can get round the monetary compensation by saying that it isn't "primarily intended or directed towards". So if it isn't intended for that purpose, then the issue re payment doesn't apply?

If it does, then the point would be the consideration of compensation - if it is effectively money to pay for something of which afterwards you own the full value of, as such there is no depreciation or appreciation in terms of the product when purchased, er go, to me, there is no compensation. Though I know very little economics.

However if there is an "admin fee" to make it possible, is that compensation? I guess that depends on the size of the fee, and perhaps founding articles / company type as Fred covers; though I was thinking it could be possible to argue outside of company structures, as the "We are a charity" card seems a bit sleight of hand.

Also - to define cost price - I buy 100 imaged CDs of OER from a CD manufacturer for 100 pounds, so cost price to me would be 1 pound per CD - again see "I know very little economics", but this would be my argument for avoiding "profit". The admin fee would probably move towards direct cost as a model, but I think in moving this way the problem with commercialism occurs. 


On Tue, Mar 18, 2014 at 10:47 AM, Phil Barker <[log in to unmask]> wrote:
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



-- 
work: http://people.pjjk.net/phil
twitter: https://twitter.com/#!/philbarker

Ubuntu: not so much an operating system as a learning opportunity.
http://xkcd.com/456/