When we initially put together the Creative Commons feature, it was meant to allow artists to CHOOSE their categorization... But that never got done. It was intended to default to what it is currently - since that was how the Audio Portal originally explained things - that you are putting your music out there, royalty free, for people to use.
The redesign launched with the wrong default and the original plan was just to fix it when the change was made to allow authors to change their settings, but that never happened either, so on a whim recently the default was changed to what it was intended to be.
But we're seeing how this is a huge problem so I'll make sure it gets changed back to what it was, and we'll wait until the feature is launched and people can manage their own categorization.
The big question in the air right now has been that when Flash makes money, do they owe the AP authors money? Historically, no, they don't. It would be courteous of them to share money with the AP authors, but it was never made that way. We are working on something that will facilitate this sort of thing in the future, although it still can't account for all areas of potential revenue for a Flash game or movie.
The old license basically says people CAN'T use your music in their Flash games if they make any money, and that's a problem - because a lot of Flash is making money nowadays. The current description DOES let them use your music, but the vocal concern seems to be that it also allows ANYONE to use your music. I think the real problem is, there is no Creative Commons settings that say "You can use this for commercial Flash, but not commercial anything else." So part of me is tempted to say we should throw the whole thing out.