hpr_transcripts/hpr3412.txt

Episode: 3412
Title: HPR3412: Reading a license: Creative Commons Attribution ShareAlike 3.0 Unported
Source: https://hub.hackerpublicradio.org/ccdn.php?filename=/eps/hpr3412/hpr3412.mp3
Transcribed: 2025-10-24 22:55:41

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This is Hacker Public Radio Episode 34124 Tuesday, 31 August 2021.
Tids Show is entitled, Reading a License, Creative Commons Attribution Shary Like 3.0 Unported.
It is hosted by CLAC and is about 35 minutes long and carries a clean flag.
The summary is, we are using this license, but we didn't publish it on HPR.
Until now, Tids Show is licensed under a CC by License.
This episode of HPR is brought to you by archive.org.
Support Universal Access to All Knowledge by heading over to archive.org forward slash donate.
Hi, I'm Klacké. Unless otherwise stated, any HPR show is released under a Creative Commons
Attribution Shary Like 3.0 Unported License.
For this show, I'm going to state that it is released under a Creative Commons
Attribution 3.0 Unported License and I'm going to get back to why that is.
So, we have all these shows under this license, but we don't actually have the license
in the preferred format for HPR listeners, which is an HPR show.
So, this show is going to provide that. I'm going to read this license that we are using for
most of our shows. There's a direct trigger for this, of course, and that's because I recorded
the show HPR 3402, which I put under a Creative Commons Attribution Shary Like 4.0 International
License because the source material had this license. So, we were talking about this and then
can ask, so is this better? Should HPR upgrade to this newer license? So, I figure to answer
that question, I will have one show where I read the existing 3.0 license and I'll have one show
where I read the new from 2013 4.0 license and then I'll have one show where I refer back to
those as source material and compare and contrast and also address some things like
license compatibility and how you can upgrade between licenses and so on.
So, just briefly about the 3.0, it was released in February 2007 and an interesting question that comes
up when you are going to perform a license like I'm going to do now is so what license is the
license under. If you look at the new licenses, they are all under a license that says you can
reproduce this verbatim but you cannot alter anything. So, I try to find out what is the license
for the Creative Commons licenses and as far as I can tell, they are under the license of the website
they are published on Creative Commons.org and if I look back in February 2007 when the 3.0
license was launched, the site says except where otherwise noted content on this site is licensed
under Creative Commons Attribution 3.0 license. So, I assume that the license is under this license
and the Attribution license gives me the right to do basically what I want with the material
as long as I attribute the original author but as a courtesy to the original author,
this episode is under the same license as the source material. The author is the Creative
Commons and this performance, well it's obviously not the same as the source material,
this is a performance, it's an audio format of the license and it's going to be slightly modified
because I'm going to read from the website but I might throw in some commentary here and there.
One thing I discovered when studying the license is that any modifications should be noted as
modifications is not said that it needs to be very strict, you basically need to say that I have
modified this, that's enough but there you go. So, let's go to the actual license and the license is
producing two different formats you could say. One is the actual real license, the legal text
and then they also provide what they call the Creative Commons deed which is the human readable,
they call the other one the legal code and then you have the Creative Commons deed which is the
human readable form of the license which is a sort of summary of what the license is about.
So, here's the Creative Commons deed.
Attribution share like 3.0 unported or short CC by a say 3.0. This is a human readable summary of
and not a substitute for the license and that's a link to the legal code which I will read later
and then there's a clickable pop-up disclaimer and the disclaimer says
this deed highlights only some of the key features and terms of the actual license.
It is not a license and has no legal value. You should carefully review all of the terms and
conditions of the actual license before using the license material. Creative Commons is not a law
firm and does not provide legal services, distributing, displaying or linking to this deed or
the license that it summarizes does not create a lawyer, client or any other relationship
and here comes the actual deed. You are free to share, copy and redistribute the material
in any medium or format, adapt, remix, transform and build upon the material for any purpose even
commercially. The licenseer cannot revoke these freedoms as long as you follow the license terms.
Under the following terms, attribution, you must give appropriate credit and there's a link
there to what appropriate credit means. Provide a link to the license and indicate if changes
were made and that's also a link. You may do so in any reasonable manner but not in any way that
suggests the licenseer endorses you or your use. Next term, share a like. If you remix, transform
or build upon the material, you must distribute your contributions under the same license. That's also
a link as the original. Next term, no additional restrictions. You may not apply legal terms or
technological measures. That's a link that legally restrict others from doing anything the license
permits. And then there are notices. I believe those are part of the deed proper. You do not have to
comply with the license for elements of the material in the public domain or where your use is
permitted by an applicable exception or limitation. Exception or limitation is a link. No warranties
are given. The license may not give you all of the permissions necessary for your intended use.
For example, other rights such as, and here comes a link, publicity, privacy, or moral rights
and link, may limit how you use the material. So that was the deed, the human understandable
readable summary of the license. And here comes the license proper. There's some text before and
after. And I believe those are not part of the license itself, but I'm going to read those as well.
So here comes first the paragraph before the license starts. Creative Commons Corporation is not
a law firm and does not provide legal services. Distribution of this license does not create an
attorney-client relationship. Creative Commons provides this information on an ASS basis. Creative
Commons makes no warranties regarding the information provided and disclaims liability for damages
resulting from its use. And here comes the license license. The work, as defined below,
is provided under the terms of this Creative Commons Public License, CCPL or license.
The work is protected by copyright and or other applicable law. Any use of the work other than
as authorized under this license or copyright law is prohibited. By exercising any rights to
the work provided here, you accept and agree to be bound by the terms of this license.
To the extent this license may be considered to be a contract, the license or grants you the
rights contained here in consideration of your acceptance of such terms and conditions.
1. Definitions
A adaptation means a work based upon the work or upon the work and other pre-existing works,
such as translation, adaptation, derivative work, arrangement of music or other alterations of
a literary or artistic work, or phonogram or performance, and includes cinematic graphic
adaptations or any other form in which the work may be recast, transformed or adapted,
including in any form recognisably derived from the original, except that a work that constitutes
a collection will not be considered an adaptation for the purpose of this license.
For the avoidance of doubt, where the work is a musical work performance or phonogram,
the synchronization of the work in time relation with a moving image, syncing, will be considered
an adaptation for the purpose of this license. B. Collection
means a collection of literary or artistic works such as encyclopedias and anthologies,
or performances, phonograms or broadcasts, or other works or subject matter
than works listed in section 1F below, which, by reason of the selection and arrangement of
their contents, constitute intellectual creations, in which the work is included in its entirety
in unmodified form, along with one or more other contributions each constituting separate
and independent works in themselves, which together are assembled into a collective whole.
A work that constitutes a collection will not be considered an adaptation as defined below
for the purposes of this license. C. Creative Commons Compatible License
means a license that is listed at Creative Commons.org slash Compatible Licenses
that has been approved by Creative Commons as being essentially equivalent to this license,
including at a minimum, because that license, one, contains terms that have the same
purpose meaning and effect as the license elements of this license, and two, explicitly permits
the re-licensing of adaptations of works made available under that license, under this license,
or a Creative Commons jurisdiction license, with the same license elements as this license.
D. Distribute means to make available to the public the original and copies of the work or
adaptation as appropriate through sale or other transfer of ownership. E. License Elements
means the following high-level license attributes as selected by Licenser and indicated in the
title of this license. Attribution. Share like. F. Licenser means the individual
individual's entity or entities that offer or offers the work under the terms of this license.
G. Original author means in the case of a literary or artistic work the individual
individuals entity or entities who create the work or if no individual or entity can be identified
the publisher. And in addition, one, in the case of a performance, the actors, singers, musicians,
dancers, and other persons who act seeing the liver decline, play in interpret or otherwise
perform literary or artistic works or expressions of folklore. Two, in the case of a phonogram,
the producer being the person or legal entity who first fixes the sounds of a performance or
other sounds. And three, in the case of broadcasts, the organization that transmits the broadcast.
H. Work means the literary and or artistic work offered under the terms of this license,
including without limitation any production in the literary, scientific, and artistic domain,
whatever may be the motor form of its expression, including digital form, such as a book, pamphlet,
another writing, a lecture, a dress, sermon, or other work of the same nature, a dramatic or
dramatic musical work, a choreographic work or entertainment in dumb show, a musical composition
with or without words, a cinematographic work to which our simulated works expressed by a process
analogous to cinematography, a work of drawing, painting, architecture, sculpture, engraving,
or lithography, a photographic work to which our simulated works expressed by a process analogous
to photography, a work of applied art, an illustration, map, plan, sketch, or three-dimensional work
relative to geography, topography, architecture, or science, a performance, a broadcast, a phonogram,
a compilation of data to the extent it is protected as a cooperative work, or a work performed
by a variety or circus performer to the extent it is not otherwise considered a literary or artistic
work. I, you, means an individual or entity exercising rights under this license, who has not
previously violated the terms of this license with respect to the work, or who has received express
permission from the licensor to exercise rights under this license despite a previous violation.
J, publicly perform means to perform public recitations of the work and to communicate to the public
those public recitations by any means or process, including by wire or wireless means or public
digital performances. To make available to the public works in such a way that members of the
public may access these works from a place and other place individually chosen by them.
To perform the work to the public by any means or process and the communication to the
public of the performances of the work, including by public digital performance. To broadcast and
re-broadcast the work by any means including science, sounds, or images. K, reproduce means to make
copies of the work by any means including without limitation by sound or visual recordings
and the right of fixation and reproducing fixations of the work, including storage of a
protected performance or formogram in digital form or other electronic medium.
Two, fair dealing rights. Nothing in this license is intended to reduce, limit or restrict
any use is free from copyright or rights arising from limitations or exceptions that are
provided for in connection with the copyright protection, under copyright law or other applicable laws.
Three, license grant. Subject to the terms and conditions of this license. Licenser
hereby grants you a worldwide royalty-free non-exclusive perpetual for the duration of the applicable
license to exercise the rights in the work as stated below. A, to reproduce the work,
to incorporate the work into one or more collections and to reproduce the work as incorporated in
the collections. B, to create and reproduce adaptations provided that any such adaptation,
including any translation in any medium, takes reasonable steps to clearly label,
demarcate or otherwise identify the changes were made to the original work.
For example, a translation could be marked the original work was translated from English to
Spanish or a modification could indicate the original work has been modified. C, to distribute
and publicly perform the work including as incorporated in collections and D, to distribute and
publicly perform adaptations. E, for the avoidance of doubt.
One, non-wavable compulsory license schemes. In those jurisdictions in which the rights to collect
royalties through any statutory or compulsory licensing scheme cannot be waived, the license
reserves the exclusive rights to collect such royalties for any exercise by you of the rights granted
under this license. Two, wavable compulsory license schemes. In those jurisdictions in which the
rights to collect royalties through any statutory or compulsory license scheme can be waived,
the licenseer waives this exclusive rights to collect such royalties for any exercise by you
of the rights granted under this license. And three, voluntary license schemes.
The licenseer waives the right to collect royalties whether individually or in the event that the
licenseer is a member of a collecting society that administers voluntary licensing schemes via that
society from any exercise by you of the rights granted under this license. The above rights may
be exercised in all media and formats whether now known or hereafter devised. The above rights
include the right to make such modifications as are technically necessary to exercise the rights
in other media and formats. Subject to section A, F. All rights not expressly granted by licenseer
are hereby reserved. Four, restrictions. The license granted in section three above is expressly
made subject to and limited by the following restrictions. A, you may distribute or publicly
perform the work only under the terms of this license. You must include a copy of or the uniform
resource identifier or URI for this license. With every copy of the work you distribute or publicly
perform, you may not offer or impose any terms of the work that restrict the terms of this license
or the ability of the recipient of the work to exercise the rights granted to that recipient
under the terms of this license. You may not sub-license the work. You must keep intact
all notices that refer to this license and to the disclaimer of warranties. With every copy of
the work you distribute or publicly perform. When you distribute or publicly perform the work,
you may not impose any effective technological measures on the work that restrict the ability
of a recipient of the work from you to exercise the rights granted to that recipient under the
terms of this license. This section, for A, applies to the work as incorporated in a collection,
but this does not require the collection apart from the work itself to be made subject to the
terms of this license. If you create the collection, upon notice from any license or you must to
the extent practicable, remove from the collection any credit as required by section 4c as requested.
If you create an adaptation, upon notice from any license or you must to the extent practicable
remove from the adaptation any credit as required by section 4c as requested.
it.
B. You may distribute or publicly perform an adaptation only under the terms of, 1. This
license, 2. A later version of this license with the same license elements as this license,
3. A creative commons jurisdiction license, either this or later license version, that
contains the same license elements as this license. For example, attribution share
like 3.0 U.S. 4. A creative commons compatible license.
If you license the adaptation under one of the licenses mentioned in 4, you must comply
with the terms of that license. If you license the adaptation under the terms of any of the
licenses mentioned in 1, 2 or 3, the applicable license. You must comply with the terms of
the applicable license generally, and the following provisions.
1. You must include a copy of or the URI for the applicable license with every copy of
each adaptation you distribute or publicly perform.
2. You may not offer or impose any terms of the adaptation that restricted terms of the
applicable license or the ability of the recipient of the adaptation to exercise the rights granted
to that recipient under the terms of the applicable license.
3. You must keep intact all notices that refer to the applicable license and to the disclaimer
of warranties with every copy of the work as included in the adaptation you distribute
or publicly perform.
4. When you distribute or publicly perform the adaptation, you may not impose any effective
technological measures on the adaptation that restrict the ability of the adaptation from
you to exercise the rights granted to that recipient under the terms of the applicable
license. This section 4b applies to the adaptation as incorporated in a collection, but this does
not require the collection apart from the adaptation itself to be made subject to the
terms of the applicable license.
4. See, if you distribute or publicly perform the work or any adaptations or collections,
you must, unless a request has been made pursuant to section 4a, keep intact all copyright
notices for the work and provide reasonable to the medium or means you are utilizing.
1. The name of the original author or pseudonym if applicable, if supplied, and or if the original
author and or licensor designate another party or parties, for example, a sponsor institute
publishing entity journal for attribution, attribution parties. In licensor's copyright notice,
the name of such party or parties, 2. The title of the work if supplied, 3. To the extent
reasonably practicable, the URI, if any, that licensor specifies to be associated with
the work, unless such URI does not refer to the copyright notice or licensing information
for the work, and 4. Consistent with section 3b, in the case of an adaptation, a credit
identifying the use of the work in the adaptation, for example, French translation of the work
by original author or screenplay based on original work by original author.
The credit required by this section 4c may be implemented in any reasonable manner, provided
however, that in the case of an adaptation or collection, at a minimum, such credit
will appear, if a credit for all contributing authors of the adaptation or collection appears,
then as part of these credits, and in a manner at least as prominent as the credits for
the other contributing authors. For the avoidance of doubt, you may only use the credit required
by this section for the purpose of attribution in the manners that out above, and by exercising
your rights under this license, you may not implicitly or explicitly assert or imply
any connection with sponsorship or endorsement by the original author, licensor, and or attribution
parties as appropriate of you or your use of the work, without the separate express prior
written permission of the original author, licensor, and or attribution parties.
D. Except as otherwise agreed in writing by the licensor or as may be otherwise permitted
by applicable law, if you reproduce, distribute, or publicly perform the work either by itself
or as part of any adaptations or collections, you must not distort, mutilate, modify, or
take other derogatory action in relation to the work, which would be prejudicial to the
original author's honor or reputation. Licensor agrees that in those jurisdictions,
for example Japan, in which any exercise of the right granted in section 3B of this license,
the right to make adaptation, would be deemed to be a distortion, mutilation, modification
or other derogatory action prejudicial to the original author's honor and reputation,
the licensor will waive or not assert as appropriate this section to the fullest extent permitted
by the applicable national law, to enable you to reasonably exercise your rights under
section 3B of this license, right to make adaptations, but not otherwise.
5. Representations, warranties and disclaimer
Unless otherwise mutually agreed to by the parties in writing, licensor offers to work as is
and makes no representations or warranties of any kind concerning the work, express implied
statutory or otherwise, including without imitation, warranties of title, merchantability, fitness
for a particular purpose, non-infringement or the absence of latent or other defects,
accuracy or the presence or absence of errors, whether or not discoverable.
Some jurisdictions do not allow the exclusion of implied warranties, so such exclusion may
not apply to you. 6. Limitational liability Except to the extent required by
applicable law, in no event will licensor be liable to you on any legal theory for any
special, incidental, consequential punitive or exemplary damages arising out of this
license or the use of the work, even if licensor has been advised of the possibility of such
damages. 7. Termination A. This license and the rights granted
here under will terminate automatically upon any breach by you of the terms of this license.
Individuals or entities who have received adaptations or collections from you under this license,
however, will not have their license terminated provided, such individuals or entities remain
in full compliance with those licenses. Sections 1, 2, 5, 6, 7 and 8 will survive an
determination of this license.
B. Subject to the above terms and conditions. The license granted here is perpetual for
the duration of the applicable copyright in the work.
Notwithstanding the above, licensor reserves the rights to release the work under different
license terms or to stop distributing the work at any time, provided, however, that any
such election will not serve to withdraw this license. Or any other license that has been
or is required to be granted under the terms of this license. And this license will continue
in full force and effect unless terminated as stated above.
8. Miscellaneous A. Each time you distribute or publicly perform the work or collection,
the licensor offers to the recipient a license to the work on the same terms and conditions
as the license granted to you under this license.
B. Each time you distribute or publicly perform an adaptation, licensor offers to the recipient
a license to the original work on the same terms and conditions as the license granted
to you under this license.
C. If any provision of this license is invalid or uninforcible under applicable law, it shall
not affect the validity or enforceability of the remainder of the terms of this license.
And without further action by the parties to this agreement, such provision shall be
reformed to the minimum extent necessary to make such provision valid and enforceable.
D. No term or provision of this license shall be deemed waived and no breach consented
to unless such waver or consent shall be in writing and signed by the party to be charged
with such waver or consent.
E. This license constitutes the entire agreement between the parties with respect to the work
license here. There are no understandings, agreements, or representations with respect
to the work not specified here. Licensor shall not be bound by any additional provisions
that may appear in any communication from you. This license may not be modified without
the mutual written agreement of the licensor and you.
F. The rights granted under and the subject matter referenced in this license were drafted
utilizing the terminology of the burn convention for the protection of literary and artistic
works as amended on September 28th, 1979. The Rome Convention of 1961.
The WIPO Copyright Treaty of 1996. The WIPO performances and phonograms treaty of 1996.
And the Universal Copyright Convention as revised on July 24th, 1971.
These rights and subject matter take effect in the relevant jurisdiction in which the license
terms are sought to be enforced according to the corresponding provisions of the implementation
of those treaty provisions in the applicable national law.
If the standard suite of rights granted under applicable copyright law includes additional
rights not granted under this license, such additional rights are deemed to be included
in the license. This license is not intended to restrict the license of any rights under
applicable law. That's the end of the license proper and after comes a notice.
Creative Commons Notice. Creative Commons is not a party to this license and makes no
warranty whatsoever in connection with the work. Creative Commons will not be liable to
you or any party on any legal theory for any damages whatsoever including without limitation
and in general, special, incidental or consequential damages arising in connection to this license.
Notwithstanding the foregoing to sentences. If Creative Commons has expressly identified
itself as the licensor here under, it shall have all rights and obligations of licensor.
Except for the limited purpose of indicating to the public that the work is licensed under
the CCPL. Creative Commons does not authorize the use by either party of the trademark Creative
Commons or any related trademark or logo of Creative Commons without the prior written
consent of Creative Commons. Any permitted use will be in compliance with
Creative Commons then current trademark usage guidelines as may be published on its website
or otherwise made available upon request from time to time. For the avoidance of doubt,
this trademark restriction does not form part of the license.
That was the CCBSA 3.0. Quite the mouthful. And I'm Klake. You can find me on the free
social web at klake at librenet.de. And until we meet again as I read the CCBSA 4.0,
this has been Hacker Public Radio.
We are a community podcast network that releases shows every weekday Monday through Friday.
Today's show, like all our shows, was contributed by an HPR listener like yourself. If you have
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