[pp.int.general] Non-commercial use

[Mikko Särelä]

On Mon, 15 Jun 2009, Rick Falkvinge (Piratpartiet) wrote:
> Mikko Särelä wrote:
> > Hey,
> >
> > I have been thinking about how the clause to always allow non-commercial 
> > use should be defined. The line is blurred if the definition is based on 
> > "not making money out of it" as there are so many different ways that one 
> > can get monetary compensation even if one does not sell the product. 
> >
> > Any ideas on how it should be delimited? 
> >   
> It is actually quite easy, as this is already defined in all national 
> legislations that I know of. "For purposes of profit" or similar is 
> refered to everywhere in Swedish code, at least. We don't have to deal 
> with that problem; we just refer to existing definitions.
> 
> "Not making money" is not enough, as you can make money and still be a 
> not-for-profit organization.

The problem though, at least in Finland, is that the courts have already 
taken a stance that receiving e.g. free music makes it a 'for profit' 
organization. For example, the Finnreactors developers were deemed to be 
operating for profit because they had themselves downloaded songs using 
their own service. 

So, at least in some countries, the definitions will also need to be 
rewritten. 

-- 
Mikko Särelä
"It is through exchange that difference becomes a blessing, not a
curse", Jonathan Sacks, Chief Rabbi of Great Britain