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Official New (Non-Commercial) NC license policy enforcement

meshedvr

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Previously we had been allowing NC content to be used by reference in paid content. The interpretation of the license we had taken was that the content was not being modified and/or redistributed in the paid content. In those cases the NC content was referenced in the scene json file by content ID (var ID + content path). This is the equivalent of a hyperlink. Recently, however, there have been many cases of very low effort paid content that is largely based on the NC content source material, with only small modifications to make the paid content unique. In addition, the NC content was often used in screenshots to promote that paid content. This has made us reconsider this NC license stance because there have been numerous complaints by NC content creators of this type of usage by reference and in promotional screenshots.

The Creative Commons simple definition of NC is
NonCommercial — You may not use the material for commercial purposes.​
The keyword here is use. Even if the scene only references the NC content, it is still using it. Screenshots with the NC content visible is also a form of using the content.

If you dig down a bit further, the language is as follows:
CC’s NonCommercial (NC) licenses prohibit uses that are “primarily intended for or directed toward commercial advantage or monetary compensation.” This is intended to capture the intention of the NC-using community without placing detailed restrictions that are either too broad or too narrow.​
To make this NC license more clear and be more fair to NC content creators, we are changing our Hub policy as follows:

If the original creator of the NC content files a report on paid content using their content in a way they do not agree with, we will take down that paid content page and inform the paid content creator of the action. Note we have no control over what is posted external to the Hub. We can only remove the paid content page on the Hub itself. For repeated violations we can limit or ban users violating this new policy. We will attempt to verify if the paid content does in fact use the NC content in some way before removing it. It does not matter to what extent the paid content is using the NC content. Some NC content creator's may allow limited use of their NC content in paid scenes/looks/etc. or may give special permission in certain cases, so we are not automatically removing paid content that is using NC content, and we will only remove the violating paid content if the original NC content creator has filed the report. Paid content creators should seek explicit permission from the original NC content creator before using that content in their own content.
 
People might wonder if this also applies to SA (Share Alike) designation, and the answer is no. SA only applies if the user of the SA content is modifying and/or distributing content based on the original SA content. If the SA content is only used by reference, the new content does not need to use the same SA license as the original. The intent of SA is to allow others to build on the original, but not change the license terms. This promotes further improvements of the SA content in the community, but does not exclude how that content is used. It can even be used commercially.

The Creative Commons simple definition of SA is
ShareAlike — If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.​
As you can see simple use of the SA content does not require the new content to carry the same license.
 
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