Is the NC in CC-BY-NC negated in 2nd generation derivatives? or is it a very weak copyleft?

Subject: Is the NC in CC-BY-NC negated in 2nd generation derivatives? or is it a very weak copyleft?
From: Charlie Lowe <cel4145@xxxxxxxxxxxxx>
Date: Thu, 01 Jul 2010 14:43:41 -0400
I'm doing some research on Creative Commons licenses, and I need help interpreting CC-BY-NC. After reading the legal code for this license, it seems that NC might can be negated in a 2nd generation derivative work ("Adaptation" under the terms of the license) by releasing the 1st generation work as a plain CC-BY license. Or is the NC clause functioning as a weak form of copyleft?

In the first instance, an author

(1) creates an Adaptation. Under the terms of the license, she is obligated to follow the restrictions in the license. But she does not have to license the resulting work under CC-BY-NC, but rather chooses CC-BY.

(2) The same author, or another author, creates an adaptation of the adaptation listed in (1). Because the 2nd generation derivative work is no longer subject to an NC clause, the author is no longer obligated to observe the restrictions of the CC-BY-NC license in the original work.

****

Or, is something different happening here which preserves the restriction through derivative versions? Would the NC clause require that an adaptation itself be licensed under a CC license (or similar) with an NC clause because of the "directed toward commercial advantage" clause in 4A in the license, such as either CC-BY-NC, CC-BY-ND-NC, or CC-BY-SA-NC? Here is the link to the legal code:

http://creativecommons.org/licenses/by-nc/3.0/legalcode

Thanks for any assistance,

Charlie Lowe
Assistant Professor of Writing
Grand Valley State University

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