The remarks about commercial distribution of the Danger from the Deep CC By-Nc-Nd assets do make me wonder if the Non-Commercial clause can stand up in court.<p>Consider, by analogy, that I produce a product FOO, which I sell for $1 as a download. It includes a license prohibiting commercial distribution, but this license is not visible to the consumer before purchase and download. Supposing the purchaser simply stores the software, but does not run it nor agree to the terms of the license. They burn it to a CD, delete the original copy, and sell it for $10. They have never been exposed to the license, so Vernor v. Autodesk does not apply, and their redistribution is protected by the first sale doctrine.<p>Suppose instead that I distribute BAR freely under the same license and conditions. The reseller, having lawfully downloaded a copy of the work, burned it to CD, deleted the original work, but having never been exposed to the license, will also argue that they have a protected right to resell the work, under the first sale doctrine.<p>The question: Does the First Sale Doctrine distinguish between works that are sold, and those that are distributed freely?