[pp.int.general] Commercial use of functional works

[Philip Hunt]

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:
>>
>> Hello!
>>
>> 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.

Clearly commercial

> - 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