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[Brendan Scott]

Kim Holburn wrote:
> (c) 2008 Kim Holburn licensed under Creative Commons Attribution- 
> Noncommercial-No Derivative Works 3.0
> http://creativecommons.org/licenses/by-nc-nd/3.0/
> Noncommercial. You may not use this work for commercial purposes.

My comments on NC licences are here:
http://brendanscott.wordpress.com/2008/09/02/why-non-commercial-licences-are-bad/

> It's an interesting question.

Not really.  Clause 4 of that licence:

"You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. 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"

If the "primary intention" is "for or directed toward" "commercial advantage or private monetary compensation" then you're done.  It doesn't say anything about cost recovery or not-for-profit.  The rider wording in the second sentence reinforces this. 

BTW In my view private universities probably have an issue using NC licensed content.  I wonder whether OAK Law have anything to say on the topic?

Cheers

 

Brendan