[kmeisthax]

Noncommercial use is not well established in copyright law, which is the law that actually matters. I know other forms of law actually do establish noncommercial and commercial use standards, but copyright does not recognize them.

As for "Facebook won't sue"? Sure, except we don't have to worry about just Facebook. We have to worry about anyone with a derivative model. There's an entire industry of copyleft trolls[0] that could construct copyright traps with them.

Individuals can practically ignore NC mainly because individuals can practically ignore most copyright enforcement. This is for the same reason why you can drive 55 in a 30mph zone and not get a citation. It's not that speeding is now suddenly legal, it's that nobody wants to enforce speed limits - but you can still get nailed. The moment you have to worry about NC, there is no practical way for you to fit within its limits.

[0] https://www.techdirt.com/2021/12/20/beware-copyleft-trolls/

[tiahura]

Commercial vs Noncommercial use is well established in copyright law - in everything from Final Rule Regarding the Noncommercial Use Exception to Unauthorized Uses of Pre-1972 Sound Recordings https://www.copyright.gov/rulemaking/pre1972-soundrecordings... to Noncommercial webcasters https://www.law.cornell.edu/uscode/text/17/114#f_4 to Fair Use.

Noncommercial licenses are taken up in "GREAT MINDS v. FEDEX OFFICE AND PRINT SERVICES, INC 886 F.3d 91 (2nd Cir. 2018). Thé court explains they are enforceable and are basically just a category of contract. So, as long as the contract is clear, it’s probably enforceable.

[dragonwriter]

> Noncommercial use is not well established in copyright law, which is the law that actually matters.

No, for “NonCommercial”, what actually matters is the explicit definition in the license.