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

Boris Turovskiy tourovski at gmail.com
Thu Dec 3 21:29:25 CET 2009


Fedor Khod'kov wrote:
>> A software is "used" for "practical purposes", but likewise a picture
>> used for illustrating an article or a song used partially for making a
>> soundtrack can be said to be "used" for "practical purposes" rather
>> than "distributed".
>>     
>
> I don't think so.  Picture used for illustrating article is clearly
> being distributed along with that article
Not neccesarily. The picture may be reduced in size (making it 
impossible to obtain an actual "copy" just by downloading the article), 
or it may be only a fragment, or even some derivative. Nonetheless, 
licenses like CC-NC restrict such use - and I would think that the 
pirate idea of copyright comes pretty close to the conditions which are 
imposed by CC licenses today.

It seems though that we have two different proposed division lines here: 
one side argues for the division between commercial and non-commercial 
to be the principal division, while the other considers the division 
between use and distribution to be more important.

At least the PPG's program clearly states, "we require the noncommercial 
copying, distribution and use of works to be allowed and stimulated", 
which corresponds to the first point of view much rather than to the second.

Best regards,
Boris


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