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Episode: 3412
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Title: HPR3412: Reading a license: Creative Commons Attribution ShareAlike 3.0 Unported
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Source: https://hub.hackerpublicradio.org/ccdn.php?filename=/eps/hpr3412/hpr3412.mp3
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Transcribed: 2025-10-24 22:55:41
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---
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This is Hacker Public Radio Episode 34124 Tuesday, 31 August 2021.
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Tids Show is entitled, Reading a License, Creative Commons Attribution Shary Like 3.0 Unported.
|
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It is hosted by CLAC and is about 35 minutes long and carries a clean flag.
|
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The summary is, we are using this license, but we didn't publish it on HPR.
|
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Until now, Tids Show is licensed under a CC by License.
|
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This episode of HPR is brought to you by archive.org.
|
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Support Universal Access to All Knowledge by heading over to archive.org forward slash donate.
|
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Hi, I'm Klacké. Unless otherwise stated, any HPR show is released under a Creative Commons
|
||||
Attribution Shary Like 3.0 Unported License.
|
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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.
|
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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.
|
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So, this show is going to provide that. I'm going to read this license that we are using for
|
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most of our shows. There's a direct trigger for this, of course, and that's because I recorded
|
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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
|
||||
a thought of recording a podcast and clicking our contribute link to find out how easy
|
||||
it really is, Hacker Public Radio was founded by the Digital Dog Pound and the Infonomicon
|
||||
Computer Club. And it's part of the binary revolution at binwrap.com. If you have comments
|
||||
on today's show, please email the host directly. Leave a comment on the website or record
|
||||
a follow-up episode yourself. Unless otherwise stated, today's show is released under
|
||||
the Creative Commons Patribution Share Like Free Point O-Rython.
|
||||
Reference in New Issue
Block a user