GuildWiki talk:Wikia Move/BY-NC-SA vs Site advertisements

Some information
http://memory-alplha.org - A Star Trek wiki that has been hosted on Wikia for a while. They are CC NC 2.5, but they have Google ads. While this does not prove that it's ok to have site adverts on a Non-Commercial wiki, it is probably safe to assume other people have thought about suing Wikia for putting ads on a Non-Commercial wiki but that Wikia hasn't gotten into legal trouble yet. -User:PanSola (talk to the ) 18:37, 15 September 2007 (CDT)
 * But the question is, is it ok to have ad's as long as they are used to pay for server costs and sever costs only, with extra money going into a GWiki bank account in case we need it? Or is there simply to be no money gained no matter what? The Imperialist 18:44, 15 September 2007 (CDT)
 * I don't think, it's the ads that matter, as ads were there before (with other words: there are ads on GuildWiki right NOW). It's the extra money. --[[Image:Warrior's_Endurance.jpg|18px]] numma_cway 10:23, 16 September 2007 (CDT)

Licence Clause
I'm not a lawyer but the relevant clause of the licence appears to be:
 * "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."

No idea what that all means, could sit and debate it, but really if were worried, it should be a question put to CC []. --Nela 06:27, 16 September 2007 (CDT)


 * I did ask the CC people, they gave this unhelpful response:

From: nathan@creativecommons.org Unfortunately the non-commercial clause is not clear with respect to advertising, and Creative Commons can not offer legal opinions or advice. You can find some draft guidelines we developed with the input of the community at http://wiki.creativecommons.org/NC. If you believe your licensed content has been used in an infringing manner, you may wish to consult legal counsel. Nathan
 * &mdash;The preceding unsigned comment was added by 203.184.35.112 (contribs).
 * In my opinion GuildWiki could be hosted by wikia, and wikia could include ads, but only if GuildWiki was a separate entity operating as a client receiving Wikia's hosting services rather than part of Wikia itself, however I am not a legal expert. -- Gordon Ecker 04:25, 17 September 2007 (CDT)
 * Is this the related situation, or are the ads not prominently connected enough?
 * "(3) Is the NC-licensed work being used in connection with advertisements for third party products or services where the NC-licensed work is the primary draw or a is substantial amount, both qualitatively and quantitatively? For example, does a podcast consisting solely of CC BY-NC-SA licensed music have ads for a record store at the start and end of the podcast.


 * (i) Yes - license violation; this is not a noncommercial use. " from [] - Merengue 17:46, 17 September 2007 (CDT)