2009/9/15 Mike Linksvayer ml@creativecommons.org:
It's not that bad. What you see is a scale where 1=noncommercial and 100=commercial, and creators rated the case you mention 59.2 on that scale, users 71.7 -- so creators see that case as less commercial than users, which is ideal if fewer disputes are a good outcome (and as far as I know there aren't many).
You are entirely correct, and I seem to have thoroughly misread that section!
Of course one of the ways disputes are avoided is that users just avoid NC licensed content, as Wikimedia projects do. Kudos.
Yeah. Not the most desired outcome for the creator, though.
One of the benefits of CC is to encourage worry-free distribution by helping creators be entirely up-front about what they're happy to have happen with their material, but this sort of ambiguity seems to bring us full circle.