What some of us already interpreted is that the Non-Commercial (NC) clause of the Creative Commons (CC) is a killer. German court has ruled that the NC clause means that the material is only for personal use. And that is literally breaking news! It means that such material is not Open Access in the context of (European) universities. I learned from Lessig's Free Culture (a must read) that academic use falls under fair use under USA law. but as far as I know this is not the case in Europe. It effectively means that all journals using a CC license with the NC clause now officially do not fall under most Open Access directives (AFAICS but IANAL).
(Image from WikiMedia.)