[pp.int.general] Commercial use of functional works
cabalamat at googlemail.com
Tue Dec 1 10:14:24 CET 2009
2009/12/1 Edison Carter <the.real.edison.carter at gmail.com>:
> On Sun, Nov 29, 2009 at 6:21 AM, Fedor Khod'kov <fedor76 at istra.ru> wrote:
>> Pirate Parties demand freedom to use and distribute all kind of works
>> non-commercially, reserving copyright to commercial use. There are many
>> different forms of commercial use. One form is commercial distribution,
>> when fee is being charged for copies. Aesthetic works can be
>> demonstrated or performed commercially.
>> Functional works, such as computer software, textbooks and dictionaries,
>> can be modified for fee in the way desired by a customer. Software can
>> be supported commercially.
> "Noncommercial" is a huge can of worms wherever it appears. There's an
> entire spectrum between the clearcut case of 'selling a copy' and ... I
> think there is possibly not even a clearcut case of 'non-commercial?
> Where does this become non-commercial?
> - Selling a copy.
> - Giving away a copy free, but only with purchase of something else
If you have to buy something else to get it, it isn't free. Clearly commercial.
> - Giving away copies without obligation, but where the goal is to attract
> people who may purchase other things
Non-commercial; see your last example -- the same comments apply.
> - Giving away copies but putting paid-for advertising alongside it.
That's commercial. Indeed it's the business model of most commercial TV.
> - Facilitating the free exchange of copies (without directly doing any of
> the copying) and displaying advertising along the way.
It's commercial, but it isn't copying. The copying is non commercial.
Non-commercial copying should be legal, and a commercial service
facilitating a legal activity should also be legal.
> - Giving away copies and gaining goodwill (an accountable businesses asset)
> simply by virtue of being the giver.
Non-commercial. If this counts as commercial, then it's also
commercial to chat to a friend: after all one may at some point buy or
sell something with one's friend, or go into business with them, or
they may be a useful contact that gets one a job.
Philip Hunt, <cabalamat at googlemail.com>
Campaigns Officer, Pirate Party UK
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