when it comes to liscensing third party products... ie apis like FMOD that state they are free for non commercial projections, what is the basics behind what makes a project commercial?

If I have a website that excepts donations, and earns money through ads, but doesn't charge money for downloading or owning any product I provided on the site. If I have a free to download and play game on the site would it be considered commercial?

If I have a website that excepts donations, and earns money through ads, but doesn't charge money for downloading or owning any product I provided on the site. If I have a free to download and play game on the site would it be considered commercial?

I consider that commercial. You are driving people to your site to get a free game but you get money from that traffic. IANAL though and it doesn't hurt to check with the license holder.

I'd be more concerned about why you want to know it.


It depends a great deal on the context.

At the bare minimum it is the trade of goods or services in exchange for any "consideration". Consideration does not need to be money, nor do the things exchanged need to be of comparable value.

If this were a question of law, with that brief description I would say you are likely involved in commerce (although the decision is always up to a judge). You have offered goods and services and they have offered payment in terms of viewing your ads. Some contracts and agreements add definitions that require a profit motive, others do not. You generally do not need to pay cash money for it to be considered commerce, you can trade goods and services in exchange for intangibles such as goodwill (e.g. brand awareness). The fact that you are getting some revenue from ads makes it that much stronger.

If you had a contract or license that requires you to be non-commercial, I would verify with the person you agreed with that your use doesn't qualify as commercial.

If I have a website that excepts donations, and earns money through ads, but doesn't charge money for downloading or owning any product I provided on the site. If I have a free to download and play game on the site would it be considered commercial?

Agree with the above. Your objective is to make money so it is a commercial venture. You are using the software to attract people, in order to earn revenue from the ads they view.

[quote name='freeworld' timestamp='1301251718' post='4791034']
If I have a website that excepts donations, and earns money through ads, but doesn't charge money for downloading or owning any product I provided on the site. If I have a free to download and play game on the site would it be considered commercial?

Agree with the above. Your objective is to make money so it is a commercial venture. You are using the software to attract people, in order to earn revenue from the ads they view.
[/quote]

Why do you guys have to crush my dreams everytime I post ;P, seriously though this confirms what I thought.

On the same subject though, If I was owner of the site and everything else i state originaly. If I hosted other peoples programs, with they're consent ofcourse. I assume those same programs would be considered commercial and any license violations would come down on me? or is this getting into the realm of asking an attorney.

On the same subject though, If I was owner of the site and everything else i state originaly. If I hosted other peoples programs, with they're consent ofcourse. I assume those same programs would be considered commercial and any license violations would come down on me? or is this getting into the realm of asking an attorney.

You asked a general question so I can only offer a general answer. The licenses most likely cover sale of a product and also distribution. So anyone distributing someone elses game for commercial purposes would likely be liable as well. Can't really tell without reading specific licenses but that would be my guess.

Why do you guys have to crush my dreams everytime I post ;P, seriously though this confirms what I thought.

Because in this case your dream is to rip people off. These companies offer a commercial product free of charge for non-commercial use. You are trying to find a loop hole so that you can make money (which is commercial use) while pretending not to, thus depriving them of their income.

[quote name='freeworld' timestamp='1301340910' post='4791459']
Why do you guys have to crush my dreams everytime I post ;P, seriously though this confirms what I thought.

Because in this case your dream is to rip people off. These companies offer a commercial product free of charge for non-commercial use. You are trying to find a loop hole so that you can make money (which is commercial use) while pretending not to, thus depriving them of their income.
[/quote]

I hope you understand that was a joke.

[quote name='freeworld' timestamp='1301340910' post='4791459']
Why do you guys have to crush my dreams everytime I post ;P, seriously though this confirms what I thought.

Because in this case your dream is to rip people off. These companies offer a commercial product free of charge for non-commercial use. You are trying to find a loop hole so that you can make money (which is commercial use) while pretending not to, thus depriving them of their income.
[/quote]Pretty unhelpful attitude when a question is being asked about business/law rather than ethics, especially from a moderator. In many cases, these products are prohibitively expensive to buy a proper license for someone looking for a few bucks in donations. It doesn't mean you can just ignore the rules but seeing if the rules allow it is another story. Different companies have different attitudes towards this, some just want your money whereas others want to make sure they get what's due when you are making real money from them. For example Unity3D has a clause you cannot use the free version if your company turnover is >$100k.

No harm asking the company in question as long as you will abide by their response... smaller companies in particular might cut you some slack to build a relationship for when you are making the big bucks.

[quote name='Obscure' timestamp='1301375177' post='4791590']
[quote name='freeworld' timestamp='1301340910' post='4791459']
Why do you guys have to crush my dreams everytime I post ;P,

Because in this case your dream is to rip people off.
[/quote]
I hope you understand that was a joke.
[/quote]
A "joke" that cuts the recipient is not funny.

"It's a joke! When you give me that look, it's a joke!" - Krusty the Klown