Creative Commons Vs MIT OCW: Interpreting the Noncommercial Clause

David Wiley, iterating toward openness, Feb 14, 2007
Commentary by Stephen Downes

Well this is interesting: "CC (Creative Commons) and MIT OCW (OpenCourseWare) have diametrically opposed interpretations of the meaning of the NC clause of CC's own licenses." Creative Commons defines it accoding to the nature of the user, while OCW defines it according to the nature of the use (I have always, in my own thinking, thought of it as the latter). It's not exactly p = ~p (both could be true at the same time). But it's certainly enough to cause confusion (= money for lawyers). "If a user who was thoroughly familiar with CC licenses came to MIT OCW and saw "By-NC-SA" at the bottom of the page, they would assume a certain set of rights had been granted when MIT OCW is really trying to grant a different set." Ack.
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