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Subject: Is this the right Creative Commons license? rss

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Chris Shaffer
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As the site goes semi-commercial, I wonder about the Creative Commons license under which we have all submitted our materials. Here's the link from the picture/file/etc. upload page.

http://creativecommons.org/licenses/by-nd-nc/1.0/

Quote:
Attribution. You must attribute the work in the manner specified by the author or licensor.


No problems with this.

Quote:
No Derivative Works. You may not alter, transform, or build upon this work.


Really? So when I took Fubar Awol's wonderful handouts for 7 Ages and combined them into a single document to make it easier for people to print, I was violating the license? I think it would be better if BGG used the Share-Alike license term, which says "The licensor permits others to distribute derivative works only under a license identical to the one that governs the licensor's work." See http://creativecommons.org/characteristic/sa?lang=en-us for more info.

Quote:
Noncommercial. You may not use this work for commercial purposes.


With this term, we're skirting the edge of the system. If BGG is a commercial site, then licensing under this term is problematic. On the other hand, we don't want other, less scrupulous people, to take our submissions and sell them.

The final term might provide a solution:

Quote:
Any of these conditions can be waived if you get permission from the copyright holder.


I would suggest that the submission page be modified to indicate that, in addition to licensing our submissions under a Creative Commons license, we are also licensing BGG to use them on its commercial site.

I would also suggest BGG use this license, which allows derivative works as long as they're released under the same license.

http://creativecommons.org/licenses/by-nc-sa/2.5/

I'd also suggest that whatever BGG decides to do, they update to the newest version of the licenses, which is currently 2.5.
 
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Blue Guldal
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Yeah, I think most people won't even know what a creative commons license means, so it would be good to raise some awareness about the terms they are agreeing to contribute under.
 
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Chris Kice
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TheCat wrote:
Really? So when I took Fubar Awol's wonderful handouts for 7 Ages and combined them into a single document to make it easier for people to print, I was violating the license? I think it would be better if BGG used the Share-Alike license...


Agreed - this is especially true for player aids. I know I've updated some when expansions came along.

TheCat wrote:
With this term, we're skirting the edge of the system. If BGG is a commercial site, then licensing under this term is problematic.


I'm not quite with you on this one. BGG can be a commercial site but allow their content to be used in a non-commercial manner. (I can use a picture to review a boardgame on my free blog, but I can't use them in my eBay listing.) A similar example is LucasFilm offering free Star Wars pictures and logos to fan sites.
 
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Chris Shaffer
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Nekura wrote:
I'm not quite with you on this one. BGG can be a commercial site but allow their content to be used in a non-commercial manner. (I can use a picture to review a boardgame on my free blog, but I can't use them in my eBay listing.) A similar example is LucasFilm offering free Star Wars pictures and logos to fan sites.


Right, but that's not what's happening. By the current wording, we're not giving our content to BGG and then having BGG relicense it under the Creative Commons non-commercial license. We're publishing it ourselves under the non-commercial license -- which leaves the Geek in the uncomfortable position of violating the license under which our content is submitted. Nowhere does it say we're relinquishing our rights to the content, or signing over the copyright to BGG. BGG doesn't own the copyight - the content creators do. And as a result, the content creators are the ones who license the content for use in specific ways (via the Creative Commons License).
 
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Chris Shaffer
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Note that I'm trying very hard not to suggest that all the content be removed, or that BGG shouldn't be using it commercially. I'm simply suggesting that the submission page and licensing notations should more clearly state that we, the content creators and copyright holders, are granting BGG permission to use the content commercially -- in addition to the rights granted to the general public through the Creative Commons license.
 
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I'm not so sure that the NC licence is that restrictive. I've seen plenty of "commercial" sites with the A-NC-ND licenced content. The license actually reads that you cannot use the content:
Quote:
in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation

I'm not so sure BGG offers its content primarily for private monetary compensation. It's really a public service, and Aldie should protect himself (and this site) by registering BGG as a non-profit. He can still be compensated for his work as an employee, but it makes it harder for him to file with the IRS next year.

Also, the license doesn't necessarily need to be a A-NC-SA rather than A-NC-ND, because you can always place a lesser restriction on the content you post to BGG.

Nick
 
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Philip Thomas
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Yes, I don't think BGG is a commercial site. It is a community site to which some community members make donations. The ads are secondarily money making and primarily bringing information about board games to users.
 
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Chris Shaffer
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Philip Thomas wrote:
Yes, I don't think BGG is a commercial site. It is a community site to which some community members make donations.


It's assuming a lot to say that BGG isn't a commercial site. BoardGameGeek, LLC doesn't appear to be registered as a non-profit organization.

Philip Thomas wrote:
The ads are secondarily money making and primarily bringing information about board games to users.


You could say the same about Google, and they're clearly a commercial site.
 
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