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

[Klaus Graf]

This German court has a specific interpretation which ignores the
definitions in the CC legal code. You cannot say this is German law.

Klaus Graf


2014-05-02 17:17 GMT+02:00 Reimer, Torsten F <t.reimer at imperial.ac.uk>:

>  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> wrote:
>
>
>
>
>
> On Fri, May 2, 2014 at 3:47 PM, Sander van der Waal <
> 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
>
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