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Old 09-16-2007, 11:23 PM   #6
the_logos
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Join Date: Sep 2002
Location: Mill Valley, California
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Re: Wikia violating copyright?

I saw that, but running ads doesn't inherently make you a commercial venture.

Well, I mean, what he did previously is not that relevant to whether Wikia is respecting the relevant license or not. I also think that this question is too speculative for us to really answer. Also, the Creative Commons license we're talking about speaks to intent.

Yeah, but they're still generating commercial revenue directly off the back of it. I suspect (and this is a fairly baseless guess given that I'm no legal expert) if you tried to sue the hosting provider in the case of the original maintainer, a court would simply rule that the hosting provider is not a party to the license and there are thus no grounds to sue it. The full license also speaks to intent, saying,

"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 con-nection with the exchange of copyrighted works."

Full license is here, btw:

--matt
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