12 votes
Accepted

Can someone re-license an adaptation of my CC BY-NC materials under commercial terms?

This interpretation is correct. The share-alike clause in other licenses is only relevant to contributions made by others than the original licensor. In fact, the CC-BY-NC 4.0 license does not grant ...
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  • 236
11 votes
Accepted

Is a government organisation commercial or non-commercial?

It depends. The type of user itself doesn't matter, at least according to Creative Commons. It is how you use it that matters. From their FAQ: Does my use violate the NonCommercial clause of the ...
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  • 8,415
6 votes

Links to authoritative discussion of why not to add non-commercial clauses to otherwise free/open licenses?

The OSI makes their position quite clear in the annotated Open Source Definition: 6. No Discrimination Against Fields of Endeavor The license must not restrict anyone from making use of the program ...
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  • 30.8k
5 votes
Accepted

How to license open source service for commercial projects but restrict it to backend usage

You are essentially trying to ensure you get some kind of a commercial monopoly on your software when sold as a service. The best license for this use case is the AGPL IMHO. It is not exactly what ...
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5 votes

Can someone re-license an adaptation of my CC BY-NC materials under commercial terms?

Version 4 of CC BY-NC license explicitly says the user cannot share adapted material for Commercial purpose: Section 2.a. License grant. Subject to the terms and conditions of this Public License, ...
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  • 151
4 votes

Is a government organisation commercial or non-commercial?

The CC-BY-NC-4.0 license contains a definition of noncommercial in Section 1.i: NonCommercial means not primarily intended for or directed towards commercial advantage or monetary compensation. ...
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4 votes
Accepted

Do I need a highcharts licence if I'm developing software for a non-profit

Firstly, IANAL/IANYL. That said, Creative Commons says that the NC licence prohibits uses that are "primarily intended for or directed toward commercial advantage or monetary compensation". They go ...
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  • 37.6k
4 votes
Accepted

Is a newspaper a commercial activity in regard to CreativeCommons NC clause?

The article you reference obviously is lacking proper crediting at the minimum. You should contact them so they can fix this alright. You should aslo alert them that they may need a proper ...
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4 votes
Accepted

Linking to CC-BY-NC Content

If your application does not rely on those as an integral part and the sound files are not distributed with your application: no issue. Just offers your user the possibility to use whatever sound ...
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  • 8,042
4 votes
Accepted

Licenses for scientific software

Firstly, welcome to OpenSource.SE, and thanks for a very nicely-written first question. I'm aware that not everyone likes it, but it gets a +1 from me. Your basic problem is that free licences are ...
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  • 37.6k
3 votes

Links to authoritative discussion of why not to add non-commercial clauses to otherwise free/open licenses?

Adding restrictions makes the software less useful for reuse. That is the principal reason. Exactly the same argument speaks against the license proliferation (read Wheeler's "Make your Open Source ...
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  • 4,969
3 votes

What does it mean for a closed source project to have a permissive licence (CC BY-NC)?

CC BY-NC is not a permissive license. Neither the FSF nor the OSI approved it, so it’s not a free software license nor an open source license. The reason is the "NC" part: the licensed work may not be ...
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  • 5,300
3 votes
Accepted

Using Creative Commons Attribution-NonCommercial Data in a GPLv3 GitHub repo

Generally, an application and the input to it are two distinct works for copyright and they can be licensed independently of each other. If your application reads the dataset from a file and doesn't ...
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2 votes

Do I need a highcharts licence if I'm developing software for a non-profit

The CC-BY-NC 3.0 license has this to say about non-commercial/commercial use: You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or ...
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  • 33k
2 votes

How to license open source service for commercial projects but restrict it to backend usage

I suggest you read the Free Software Foundation's essay on selling software. As other commenters have noted, restricting source code to non-commercial use is incompatible with the ideals of Free ...
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  • 2,488
2 votes

Can someone re-license an adaptation of my CC BY-NC materials under commercial terms?

Someone are allowed to license their contribution to some CC-BY-NC materials under commercial terms - but they're not allowed to re-license the entire project in this way. This was a lot more ...
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  • 8,605
2 votes

Do I need a highcharts licence if I'm developing software for a non-profit

Now as I understand it, this organisation does not need a licence for Highcharts and if I was an employee of this organisation I could just use highcharts to develop a Highcharts enabled website ...
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2 votes

Can public schools use CC BY-NC content?

[mandatory disclaimer: I am not a lawyer] Let's start with the easy part - any usage of a CC-BY-NC piece must include proper attribution, so the video would have to include such attribution (...
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  • 3,757
1 vote
Accepted

Allowed uses of a software licensed under CC-BY-NC license

You are not alone in finding the NonCommercial CC variants confusing. It is really difficult to define what NonCommercial is supposed to mean, and it's quite likely that the copyright holder had a ...
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  • 33k
1 vote

Links to authoritative discussion of why not to add non-commercial clauses to otherwise free/open licenses?

I think apsillers has already done an excellent job of answering your main point, but I must take you up on a lesser one. I am already aware of https://www.gnu.org/philosophy/selling.en.html but it ...
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  • 37.6k
1 vote
Accepted

Will I be in trouble if I alter or innovate a work that is under CC Non-Commercial, and use it to my project?

I'm not sure how you're expecting the answer to this to be anything other than "don't do it". It's clear from the question that you know you're not allowed to do it. We're not the current rights ...
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  • 37.6k

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