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Indexterity (Innovation 2b)
UncategorizedThis is the fourth in a series of posts calling for comment on potential innovations to our licenses. This post deal with a potential enhancement to the language of our current “noncommercial use” option.
Indexterity (Innovation 2b)
Our noncommercial language currently includes an explicit safe harbor for file-sharing (which, under U.S. law, is considered to be a commercial use even if no money changes hands):
The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.
We’ve considered adding a similar carve-out for commercial search engines, which, though now operating perfectly legally, might enjoy the extra reassurance that aggregating content licensed as “noncommercial” will not amount to commercial use.
The indexing of copyrighted works by means of search engine or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in direct exchange for the indexing of the copyrighted works.
Is such a provision helpful? Necessary? How might we improve upon it?
Posted 15 March 2003