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Dvvarreyn2015-04-28 13:12:21
open source
Dvvarreyn, 2015-04-28 13:12:21

What is non-commercial use of the software?

There is a certain utility licensed under CC NC (common creative attribution noncommercial).
Can it be downloaded and used within an organization?
With these CCs, the more I read about them, the less I understand.
https://wiki.creativecommons.org/NonCommercial_int...


"primarily intended for or directed towards commercial advantage or monetary compensation."

Obviously, software within the organization (at least in my case) will be used for the purposes of obtaining a competitive advantage in the market, but who and how can verify that these are the main goals? What is the evidence that there were or were not other goals?
In what cases is it possible to create commercial software that depends on CC NC?
Thanks in advance for the clarifications.
Thanks for the answers, I'll clarify the details a bit, and what exactly I don't understand.
  1. We are talking about a commercial organization, and the possibility of using NC software in a commercial organization. Those. when it is used by the university as part of the training, then everything is more or less really simple.
  2. Software, if it is not games, in most cases is used to automate something. So it's always business to some extent. Therefore, CC NC operates with the concept of primary, in the link the awareness of this fact is clearly stated.
    The inclusion of “primarily” in the definition recognizes that no activity is completely disconnected from commercial activity; it is only the primary purpose of the reuse that needs to be considered.

    And from this point on, some gray areas already appear, since any organization can engage in non-profit activities to some extent. In particular, a commercial organization can engage in scientific activities and publish open articles (for example, google research). Would such activity violate CC NC? In my opinion, no.
    And my question is at what point does primarily change. They were engaged in studying, maybe even trying to publish something, and then they introduced a new technical solution that they found with the help of NC software. NC broken?

  3. In what cases is it possible to create commercial software that depends on CC NC?
    Two programs A and B. A under CC NC. B under a commercial EULA.
    B has a call to A somewhere . Does the existence of such an object violate the license?
    Is it possible for the user to sell B and say that if he needs additional. functionality, then he will also have to download A.

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5 answer(s)
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Cront, 2015-04-28
@Dvvarreyn

You may not use the products licensed under this license for the purposes of a commercial company, because the main purpose of a commercial company is to make a profit. That is why it is called commercial. The organization can do anything along the way, but the main goal is commerce.
That is, since all equipment belonging to a commercial company is designed to perform the tasks of this company, this software cannot be used on company computers. Also, it cannot be used on any equipment that is used for profit. That is, if you do work on a personal machine, but use this software to create something for a commercial company, this is a violation of the license.
Checking licensed software takes place in different countries in different ways and can vary from the arrest of all computer equipment to the dispatch of a questionnaire on behalf of the auditor.

A
Andrew, 2015-04-28
@Ashlst

As far as I understand.
If the PC is listed as an organization, then it is impossible to install, only a commercial option.

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Cyril, 2015-04-28
@service_man

Everything is very simple, you can’t use it in business, but, for example, you can study it.

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Rsa97, 2015-04-28
@Rsa97

There is no definition of the term "commercial use" or "non-commercial use" in the Civil Code, so if the license does not contain its own definition, then the interpretation of the term is left to the discretion of the court.
There are various definitions of commercial use in the licenses, ranging from "direct sale of a product" to "use in an activity connected in any way with making a profit."

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