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Re:Non-Commercial Licenses Are Non-Free Licenses by gpm on Tuesday August 31, 2021 @09:24AM (#28367756)
> It’s really hard to think of safely non-commercial uses.

Schools, politicians, militaries (and a lot of other parts of the government) people doing stuff just for fun (and not for beer).

It's easy to think of them, I'm just not sure they're the use cases you actually want to be free. Did you really intend to subsidize the <country you don't like here>'s military and <politician you don't like here>'s campaign but not your local maker space that charges a bit of money for entrance to support itself?

Re:Non-Commercial Licenses Are Non-Free Licenses by D13Fd on Tuesday August 31, 2021 @11:29AM (#28369280)
I’m not sure if I’d categorize all military, political, and government uses of copyrighted media as “non-commercial.” For example, if they use your photo or video in an advertisement that they pay to have played on TV, is that still non-commercial? That’s sounds pretty commercial to me.
Re:Non-Commercial Licenses Are Non-Free Licenses by gpm on Tuesday August 31, 2021 @11:58AM (#28369639)
I'm no lawyer, there might be some exceptions, but I don't believe TV-commercials would be one. Compare to the Fedex case linked elsewhere in this thread:

https://creativecommons.org/2017/02/24/update-great-minds-v-...

To quote from the ruling (internal quotations, which all of this is, and citations omitted)

> A licensee to make and use is not (in the absence of specific language in his license) limited to making with his own hands, in his own shop, or by his own employes. He may employ, procure, or contract with as many persons as he chooses to supply him with that which he may lawfully use, provided such conduct does not change his relation to the licensor.”

https://drive.google.com/file/d/0B0HBOY8b2doEdmpkMU4ya2dKM28...

Displaying the picture to recruit new soldiers seems to me to be a non-commercial use, assuming you accept that (which I admit I am asserting without support) paying to have it be displayed on TV doesn't make it commercial.

Re:Non-Commercial Licenses Are Non-Free Licenses by ghaff on Tuesday August 31, 2021 @12:12PM (#28369807)
So you have the ludicrous situation where the US Army or Harvard University can probably use your photo on their website (with attribution) whereas the hobbyist blogger with some affiliate links arguably can't.