[dragonwriter]

> My point is that if you don't think that all of these situations are equally infringing of CC-BY-NC, then you need to explain why some are commercial and some are not.

What “NonCommercial” means in the license is explictly defined in the license, and if you think either those examples, or more to the point, every possible use ever so as to render ‘NonCommercial’ into ‘no use’ as you have claimed, you need to make that argument, based on the definition in the license, not some concept of what might be construed as commercial use by general legal principles if the license used the term without its own explicit definition.