[Open-access] [open-science] CC Non-Commercial not suitable for teaching - Was: Elsevier: some facts, by Tim Gowers

[Reimer, Torsten F]

To set this in context, German law seems to have a somewhat different interpretation of what commercial/professional/businesslike means. If you regularly blog, for instance, it could be argued that that constitutes a systematic, businesslike activity and therefore, like a business, you are required to have your full name and address on the blog. I am not sure if this is consistently enforced by the courts but it may give some background to why, in that tradition, even a non-commercial radio station could be looked at as businesslike and therefore affected by the NC license. Having said that, German lawyers have expressed doubts on whether this court ruling would be upheld by a higher court as it did not look at the wording of the CC license.

These different interpretations are a good reason for why NC is not really a suitable license – if you follow the argument of that court you’d have to conclude no German university would be allowed to touch NC content…

Torsten

From: open-access [mailto:open-access-bounces at lists.okfn.org] On Behalf Of Michelle Brook
Sent: 02 May 2014 16:01
To: Peter Murray-Rust
Cc: open-access at lists.okfn.org; Bjoern Brembs; open-science
Subject: Re: [Open-access] [open-science] CC Non-Commercial not suitable for teaching - Was: Elsevier: some facts, by Tim Gowers

I believe (although am not sure) that Peter is referring to this: https://www.techdirt.com/articles/20140326/11405526695/german-court-says-creative-commons-non-commercial-licenses-must-be-purely-personal-use.shtml

M

On 2 May 2014, at 15:58, Peter Murray-Rust <pm286 at cam.ac.uk<mailto:pm286 at cam.ac.uk>> wrote:


On Fri, May 2, 2014 at 3:47 PM, Sander van der Waal <sander.vanderwaal at okfn.org<mailto:sander.vanderwaal at okfn.org>> wrote:

The recent German court ruling (you'll have to Google it - I'm in a rush) said that CC-NC was purely private/personal.


--
Peter Murray-Rust
Reader in Molecular Informatics
Unilever Centre, Dep. Of Chemistry
University of Cambridge
CB2 1EW, UK
+44-1223-763069
_______________________________________________
open-science mailing list
open-science at lists.okfn.org<mailto:open-science at lists.okfn.org>
https://lists.okfn.org/mailman/listinfo/open-science
Unsubscribe: https://lists.okfn.org/mailman/options/open-science
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.okfn.org/pipermail/open-access/attachments/20140502/354bc0a0/attachment-0002.html>