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==Treatment in Drafts==

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{{Infobox |'''How issue is addressed in 4.0 draft no. 1:''' In this initial draft, we chose not to alter the definition of NonCommercial. While many community members have expressed concern about the ambiguity of the license definition, we do not believe there is a sufficiently clear or compelling alternative presented yet meriting a change. We look forward to receiving more input about the definition of NC and related proposals during this public comment period.

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! (expand to read Draft 1 treatment)

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{{Infobox|

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===Draft 1===

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In this initial draft, we chose not to alter the definition of NonCommercial. While many community members have expressed concern about the ambiguity of the license definition, we do not believe there is a sufficiently clear or compelling alternative presented yet meriting a change. We look forward to receiving more input about the definition of NC and related proposals during this public comment period.

Please note we have changed the structure of the NonCommercial condition slightly by defining NonCommercial at the beginning of the license (rather than defining commercial purposes in the conditions section as in v. 3.0). This is a shift in format only and is not designed to affect the scope of the NC licenses in any way. }}

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! (expand to read Draft 2 treatment)

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|valign="TOP" style="background:#FFDADA;border:5px #FDAFAF;padding:1em;"|

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'''Draft 2 Treatment:''' After much consideration, we are settled on preserving the existing 3.0 treatment of NonCommercial for 4.0. This will be a disappointment for some, a relief for others. However flawed the current definition may be, it is one that our community has become accustomed to and relies upon. A proposed alternative would have to be extremely compelling to justify disrupting those expectations, and though those made had many merits, they fell short of that difficult standard. Upon close review, as much as the proposed alternatives attempt to provide additional clarity around particular uses, they simultaneously introduce new, additional layers of uncertainty for licensors and licensees. Staying with the existing provision has the added benefit of preserving consistency in scope between versions, an important feature for those using a 3.0 NC license and counting on the limits it contains. This said, we want to honor a long-standing promise made over the course of many license versions, and intend to clarify what NC means outside of the license where possible. We will be working toward that clarification within a short period following the launch of 4.0, if not sooner.

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===Draft 2===

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After much consideration, we are settled on preserving the existing 3.0 treatment of NonCommercial for 4.0. This will be a disappointment for some, a relief for others. However flawed the current definition may be, it is one that our community has become accustomed to and relies upon. A proposed alternative would have to be extremely compelling to justify disrupting those expectations, and though those made had many merits, they fell short of that difficult standard. Upon close review, as much as the proposed alternatives attempt to provide additional clarity around particular uses, they simultaneously introduce new, additional layers of uncertainty for licensors and licensees. Staying with the existing provision has the added benefit of preserving consistency in scope between versions, an important feature for those using a 3.0 NC license and counting on the limits it contains. This said, we want to honor a long-standing promise made over the course of many license versions, and intend to clarify what NC means outside of the license where possible. We will be working toward that clarification within a short period following the launch of 4.0, if not sooner.

Now, we think the better course is to look strategically at the NC licenses and explore in earnest the several [http://wiki.creativecommons.org/4.0/NonCommercial#Proposals_for_4.0 proposals] relating to branding, communication and similar. Look for those proposals to be framed for discussion shortly, and the prior discussion threads on these topics re-started.

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One minor edit has been made to the definition, to clarify that exchange of an Adaptation of the licensed work for other copyrighted works is NC as long as no money is exchanged. In regards to this particular term, as important as this provision has been (and it will remain in 4.0), we think it important to be clear in our communications that it is not a general rule of barter but instead a specific exception introduced to address a known concern. We also moved the provision limiting use of the work to NC purposes out of the license conditions section and into the license grant. This is the more appropriate place for what is effectively a major limitation on the license grant and not a condition per se on use of the work.

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{{Infobox|'''Draft 3 Treatment''':

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{{Infobox|

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===Draft 3===

The word “private” has been removed from the definition of NonCommercial, so that it now reads “not primarily intended for or directed towards commercial advantage or monetary compensation.” This is not intended to be a change in meaning; however, we welcome feedback from those who believe that it will have a substantive effect.

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==Overview==

The NonCommmercial (NC) term has for CC's entire history been more popular than ShareAlike and NoDerivatives, the other two optional terms in the CC license suite, though its popularity has slowly but steadily declined.<ref>See chart on slide 8 of the presentation by Mike Linksvayer at the CC Global Summit on 17 September, 2011: [http://www.slideshare.net/mlinksva/the-definition-and-future-of-noncommercial "The definition and future of noncommercial"]</ref> The term as it has appeared in all international [[License versions|versions]] thus far (1.0,<ref>[http://creativecommons.org/licenses/by-nc/1.0/legalcode Attribution-NonCommercial 1.0]</ref> 2.0,<ref>[http://creativecommons.org/licenses/by-nc/2.0/legalcode Attribution-NonCommercial 2.0]</ref> 2.5,<ref>[http://creativecommons.org/licenses/by-nc/2.5/legalcode Attribution-NonCommercial 2.5]</ref> 3.0<ref>[http://creativecommons.org/licenses/by-nc/3.0/legalcode Attribution-NonCommercial 3.0]</ref>):

:''You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.'''

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 {{4.0 Issue}}
 ==Treatment in Drafts==
-{{Infobox |'''How issue is addressed in 4.0 draft no. 1:''' In this initial draft, we chose not to alter the definition of NonCommercial. While many community members have expressed concern about the ambiguity of the license definition, we do not believe there is a sufficiently clear or compelling alternative presented yet meriting a change.  We look forward to receiving more input about the definition of NC and related proposals during this public comment period.
+{| class="mw-collapsible mw-collapsed wikitable"
 Please note we have changed the structure of the NonCommercial condition slightly by defining NonCommercial at the beginning of the license (rather than defining commercial purposes in the conditions section as in v. 3.0). This is a shift in format only and is not designed to affect the scope of the NC licenses in any way. }}
 {| class="wikitable" cellspacing="0" cellpadding="5" width=100%
 |valign="TOP" style="background:#FFDADA;border:5px #FDAFAF;padding:1em;"|
-'''Draft 2 Treatment:''' After much consideration, we are settled on preserving the existing 3.0 treatment of NonCommercial for 4.0.  This will be a disappointment for some, a relief for others.  However flawed the current definition may be, it is one that our community has become accustomed to and relies upon.  A proposed alternative would have to be extremely compelling to justify disrupting those expectations, and though those made had many merits, they fell short of that difficult standard.  Upon close review, as much as the proposed alternatives attempt to provide additional clarity around particular uses, they simultaneously introduce new, additional layers of uncertainty for licensors and licensees.  Staying with the existing provision has the added benefit of preserving consistency in scope between versions, an important feature for those using a 3.0 NC license and counting on the limits it contains.  This said, we want to honor a long-standing promise made over the course of many license versions, and intend to clarify what NC means outside of the license where possible.  We will be working toward that clarification within a short period following the launch of 4.0, if not sooner.
+===Draft 2===
 Now, we think the better course is to look strategically at the NC licenses and explore in earnest the several [http://wiki.creativecommons.org/4.0/NonCommercial#Proposals_for_4.0 proposals] relating to branding, communication and similar.  Look for those proposals to be framed for discussion shortly, and the prior discussion threads on these topics re-started.
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 One minor edit has been made to the definition, to clarify that exchange of an Adaptation of the licensed work for other copyrighted works is NC as long as no money is exchanged.  In regards to this particular term, as important as this provision has been (and it will remain in 4.0), we think it important to be clear in our communications that it is not a general rule of barter but instead a specific exception introduced to address a known concern.  We also moved the provision limiting use of the work to NC purposes out of the license conditions section and into the license grant. This is the more appropriate place for what is effectively a major limitation on the license grant and not a condition per se on use of the work.
 |}
-{{Infobox|'''Draft 3 Treatment''':
+{{Infobox|
 ===Draft 3===
 The word “private” has been removed from the definition of NonCommercial, so that it now reads “not primarily intended for or directed towards commercial advantage or monetary compensation.” This is not intended to be a change in meaning; however, we welcome feedback from those who believe that it will have a substantive effect.
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 <!-- provide a short summary of the issue below -->
 The NonCommmercial (NC) term has for CC's entire history been more popular than ShareAlike and NoDerivatives, the other two optional terms in the CC license suite, though its popularity has slowly but steadily declined.<ref>See chart on slide 8 of the presentation by Mike Linksvayer at the CC Global Summit on 17 September, 2011: [http://www.slideshare.net/mlinksva/the-definition-and-future-of-noncommercial "The definition and future of noncommercial"]</ref> The term as it has appeared in all international [[License versions|versions]] thus far (1.0,<ref>[http://creativecommons.org/licenses/by-nc/1.0/legalcode Attribution-NonCommercial 1.0]</ref> 2.0,<ref>[http://creativecommons.org/licenses/by-nc/2.0/legalcode Attribution-NonCommercial 2.0]</ref> 2.5,<ref>[http://creativecommons.org/licenses/by-nc/2.5/legalcode Attribution-NonCommercial 2.5]</ref> 3.0<ref>[http://creativecommons.org/licenses/by-nc/3.0/legalcode Attribution-NonCommercial 3.0]</ref>):
 :''You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.'''

CC Wiki - Changes related to "Defining Noncommercial" [en]

4.0/NonCommercial