A few days back, I posted about the difficulty of distinguishing commercial from noncommercial usage with respect to the Creative Commons license.
There's an ongoing legal case that concerns another aspect of Creative Commons commerciality. As Josh Wolf describes the original story:
On April 21, 2007, during a church camp, Chang's counselor snapped a photo of her and uploaded it to his Flickr account. He published the photo under a CC-BY-2.0 license, which allows for commercial use of the photo without obtaining permission from the copyright owner.
In less than two months, the photo had been cropped … Read more