I notice of late a lot of themes are using flickr images that use Attribution-NonCommercial for their previews..
I suppose the image itself isn’t being distributed, so it isn’t being ‘sold’ – but it is being used commercially in that clearly it is being used to derive commercial benefit.
Anyone know what the correct interpretation here is?
it is being used commercially in that clearly it is being used to derive commercial benefit.
I agree. I don’t think you can use non-commercial licensed images for a commercial purpose no matter what. Whether it is being redistributed or not is independent of the commercial issue. You couldn’t use non-commercially licensed images on an e-commerce site either (or any site that has commercial implications I believe).
In any event, better safe than sorry If someone is using images in an effort to earn money, they should be licensed for commercial use.