Episode: 3432
Title: HPR3432: Reading a license: Creative Commons Attribution ShareAlike 4.0 International
Source: https://hub.hackerpublicradio.org/ccdn.php?filename=/eps/hpr3432/hpr3432.mp3
Transcribed: 2025-10-24 23:19:55

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This is Hacker Public Radio Episode 3432, for Tuesday the 28th of September 2021.
Tid's show is entitled, Reading a License, Creative Commons Attribution Sherry-like 4.0 International.
It is hosted by Clack and is about 33 minutes long and carries a clean flag.
The summary is, we jump into the future of 2013 and see how content licensing has changed.
This episode of HPR is brought to you by An Honesthost.com.
Get 15% discount on all shared hosting with the offer code HPR15. That's HPR15.
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Hacker Public Radio Episode 3432, for Tuesday the 28th of September 2021.
Hacker Public Radio Episode 3432, for Tuesday the 28th of September 2021.
Hacker Public Radio Episode 3432, for Tuesday the 28th of September 2021.
This episode contains adaptations and performances of works originally created by the creative
Commons and is released under a Creative Commons Attribution 3.0 Unported License.
Hi, I'm Klackke. Most HPR shows are released under a Creative Commons Attribution
Sherry-like 3.0 Unported License. To better understand what that really means,
I read the whole license out loud in HPR3412. In this episode, I'm going to read the
successor of this license, the Creative Commons Attribution Sherry-like 4.0 International License.
But first I'm going to give some brief background. So the 3.0 sweet of Creative Commons licenses
was released in 2007, early 2007. And in late 2007, the GPL version 3 was released. And this
is interesting because the GPL had at least one innovation that was new for free software and
free cultural licenses. And that was the grace period. So previously, it was the case that
the license gives you the right to do all the things granted by the license as long as you follow
the conditions. And if you violate one of those conditions, the license is terminated and there's
no way for you to get back your right to use whatever material is covered by the license.
Unless you talk to the copyright holders and negotiate a new license.
So what was introduced with the GPL 3 to get less friction and make it easy for people to
comply was a grace period. If you find out that you violated the license and you correct this
within 30 days, you automatically get your rights back. So it's a self-executing provision
of the license, which is very beautiful, very smooth. But it was a bit too late for Creative Commons
version 3 to make use of this invention because the GPL 3 came out half a year later.
So this was one of the things that was on the table in 2011 when they were talking about the
Creative Commons version 4. There were five things that were intended to come about with version 4
in 2011 when they started discussing it. One was internationalization. So Creative Commons 3
was ported to 39 different jurisdictions. There's the unported license and then for
certain jurisdictions there's another license that you have the right to use instead because it
fits better to your jurisdiction. Use the proper terms and takes into account the specific
needs of that legal system. So the 4.0 was supposed to address this and not have to be adapted
in so many different ways. The second point is interoperability. So in the 4.0 work they wanted to
make sure that the license could function well in an ecosystem of licenses and that works under
different licenses can be combined in certain ways. The third point is longevity.
They wanted to make sure that let's address all the new issues that have come up since version 3 of
course but also let's look at what potential future issues there are and how we can take those
into account. Point 4 is about data, public sector information science and education. This is the
one I'm the fuzziest about but it may have to do with the database rights for example and maybe
there are some other considerations for government and educational use whereas earlier credit
commas licenses were more about media production and graphics and audio. Maybe there are other issues
that come in in terms of maybe science data collection or that kind of thing. And the fifth one
supporting existing adoption models and frameworks that's about making sure that the way people
are using credit commas 3 would be compatible with credit commas 4 and that there would be
smooth transition from one to the other. So they worked on this for two years and according to
themselves they accomplished all of the things they wanted to get in there and in November 2013
credit commas 4 came out and so far it seems to have stood the test of time it's eight years later
and I haven't heard anyone talk about working on a new generation of credit commas licenses
in any kind of urgent way. They did achieve the internationalization aspect for sure. There are no
ports of version 4 because it's not considered necessary and in terms of compatibility one big
difference between three and four is that three only accepted compatibility between the share
like license and other couple of licenses if it was two ways but in version 4 they also accept
one way compatibility so you can move from a credit commas 4 license to for example the GPL
all right so the license just like in version 3 version 4 comes in two forms one which they
call the legal code and one which is the license deed which is the human readable summary of the
legal code so I've re hosted both of them in the show notes and I've the version 4 contains a
couple of new added paragraphs around the license and I've not included all of them this time like
I did with the version 3 I'm just including the original disclaimer and then I'm going to
jump right into the deed at first so here's the deed and as I mentioned in the beginning this is
an adaptation and I have made some modifications to the text in the re hosting but when performing it
I might also leave something out or leave some commentary so that I'm not exactly reciting the text
as it's written but mostly it's exactly the text description the original deed is available at
creativecommons.org slash licenses slash bsa slash 4.0 attribution share like 4.0 international
or cc bsa 4.0 this is a human readable summary of and not a substitute for the license and license
links to the legal code disclaimer this deed highlights only some of the key features in 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 is summarizes does not create a lawyer client or any other
relationship and here comes the deed itself 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 and then there's the free culture stamp approved for free culture works
and it links to the definition of free culture and then 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 that's a link provide a link to the license and indicative changes were made
and indicative changes were made as a link you may do so in any reasonable manner but not in
any way that suggests the licenseer endorses you or your use share alike if you remix transform
or build upon the material you must distribute your contributions under the same license and that's
a link as the original 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
notices 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 an exceptional 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 publicity privacy or moral rights
may limit how you use the material that was indeed and now let's look at the actual license
the original license can be found at creative commons.org slash licenses slash bias a slash
forado slash legal code and I'm going to read the adaptation that is hosted in the show notes
where I removed some of the stuff around the license text
attribution share like forado international creative commons so this is before the license
proper this is a disclaimer creative commons corporation creative commons is not a law firm and
does not provide legal services or legal advice distribution of creative commons public licenses
does not create a lower client or other relationship creative commons makes its licenses and
related information available on an as a spaces creative commons gives no warranties regarding
its licenses any material licensed under the terms and conditions or any related information
creative commons disclaims all liability for damages resulting from their use to the
fullest extent possible and here comes the license itself creative commons attribution share like
forado international public license by exercising the license rights defined below
you accept and agree to be bound by the terms and conditions of this creative commons
attribution share like forado international public license public license to the extent this
public license may be interpreted as a contract you are granted the license rights in consideration
of your acceptance of these terms and conditions and the licensor grants you such rights in
consideration of benefits the licensor receives from making the licensed material available
under these terms and conditions section one definitions a adapted material means material
subject to copyright and similar rights that is derived from or based upon the licensed material
and in which the licensed material is translated altered arranged transformed or otherwise modified
in a manner requiring permission under the copyright and similar rights held by the licensor
for purposes of this public license where the licensed material is a musical work performance or sound
recording adapted material is always produced where the licensed material is synced in time relation
with the moving image be adapters license means the license you apply to your copyright and
similar rights in your contributions to adapted material in accordance with the terms and conditions
of this public license see by essay compatible license means a license listed at creative commons
.org slash compatible licenses approved by creative commons as essentially the equivalent of this
public license and a small comment here again three dot o had this license compatibility
provision but the list of compatible licenses for three dot o was zero where as a four dot o shortly
after it was released I think one and two years after they added the gplv3 and the free art license
1.3 to the list of compatible licenses d copyright and similar rights means copyright and or
similar rights closely related to copyright including without limitation performance broadcast sound
recording and sui generis database rights without regard to how the rights are labeled or categorized
for purposes of this public license the rights specified in section two b one and two are not
copyright and similar rights e effective technological measures means those measures that in the absence
of proper authority may not be circumvented under laws fulfilling obligations under article 11
of the y-book copyright treaty adopted on December 20th 1996 and or similar international agreements
f exceptions and limitations means fair use fair dealing and or any other exception or limitation
to copyright and similar rights that applies to your use of the license material g license
elements means the license attributes listed in the name of a creative commons public license
the license elements of this public license are attribution and share like
h license material means the artistic or literary work database or other material to which the
licenseer applied this public license i license rights means the rights granted to use subject
to the terms and conditions of this public license which are limited to all copyright and similar
rights that apply to your use of the license material and that the licenseer has authority to license
j licenseer means the individual or individuals or entity or entities granting rights under this
public license k share means to provide material to the public by any means or process that requires
permission under the license rights such as reproduction public display public performance
distribution dissemination communication or importation and to make material available to
the public including in ways that members of the public may access the material from a place
and at a time individually chosen by them l sui generous database rights means rights other than
copyright resulting from directive 96 slash nine slash ec of the european parliament and of the
council of eleventh of march 1996 on the legal protection of databases as amended and or succeeded
as well as other essentially equivalent rights anywhere in the world m u means the individual
entity exercising the license rights under this public license your has a corresponding meaning
section two scope a license grant one subject to the terms and conditions of this public license
the licenseer hereby grants you a worldwide royalty free non-sublicable non-exclusive irrevocable
license to exercise the license rights in the license material to a reproduce and share the
license material in whole or in part and be produce reproduce and share adapted material
two exceptions and limitations for the avoidance of doubt where exceptions and limitations apply
to your use this public license does not apply and you do not need to comply with its terms and
conditions three term the term of this public license is specified in section six a
four media and formats technical modifications allowed the licenseer authorizes you to exercise
the license rights in all media and formats whether now known or hereafter created and to make
technical modifications necessary to do so the licenseer waves and or agrees not to assert
any right or authority to forbid you from making technical modifications necessary to exercise
the license rights including technical modifications necessary to circumvent effective technological
measures for purposes of this public license simply making modifications authorized by this
section to a four never produces adapted material five downstream recipients a offer from
the licenseer licensed material every recipient of the license material automatically receives
an offer from the licenseer to exercise the license rights under the terms and conditions of
this public license be additional offer from the licenseer adapted material every recipient
of adapted material from you automatically receives an offer from the licenseer to exercise
the license rights in the adapted material under the conditions of the adapters license you apply
see no downstream restrictions you may not offer or impose any additional or different terms or
conditions on or apply any effective technological measures to the license material if doing so restricts
exercise of the license rights by any recipient of the license material six no endorsement
nothing in this public license constitutes or may be construed as permission to assert or imply
that you are or that your use of the license material is connected with or sponsored
endorsed or granted official status by the licenseer or others designated to receive
attribution as provided in section three a one a one b other rights one moral rights such as the
right of integrity are not licensed under this public license nor are publicity privacy and or
other similar personality rights however to the extent possible the licenseer waves and or
agrees not to assert any such rights held by the licenseer to the limited extent necessary to allow
you to exercise the license rights but not otherwise two patent and trademark rights are not
licensed under this public license three to the extent possible the licenseer waves any right to
collect royalties from you for the exercise of the license rights whether directly or through a
collecting society under any voluntary or wavable statutory or compulsory licensing scheme in all
other cases the licenseer expressly reserves any right to collect such royalties
section three license conditions your exercise of the license rights is expressly made subject
to the following conditions a attribution one if you share the license material including in
modified form you must a retain the following if it is supplied by the licenseer with the license
material one identification of the creator or creators of the license material and any others
designated to receive attribution in any reasonable manner requested by the licenseer including
by pseudonym if designated two a corporate notice three a notice that refers to this public license
four a notice that refers to the disclaimer of warranties five a URI or hyperlink to the license
material to the extent reasonably practicable be indicate if you modify the license material
and retain an indication of any previous modifications and see indicate the license material is
licensed under this public license and include the text of or the URI or hyperlink to this public
license two you may satisfy the conditions in section three a one in any reasonable manner based
on the medium means and context in which you share the license material for example it may be
reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes
the required information three if requested by the licenseer you must remove any of the information
required by section three a one a to the extent reasonably practicable be share alike
in addition to the conditions in section three a if you share adapted material you produce
the following conditions also apply one the adaptor's license you apply must be a creative
common's license with the same license elements this version or later or a bias A compatible license
two you must include the text of or the URI or hyperlink to the adaptor's license you apply
you may satisfy this condition in any reasonable manner based on the medium means and context in
which you share adapted material three you may not offer or impose any additional or different
terms or conditions on or apply any effective technological measures to adapted material
that restrict exercise of the rights granted under the adaptor's license you apply
section four sui generis database rights where the license rights include sui generis database rights
that apply to your use of the license material A for the avoidance of doubts section two a one grants
you the rights to extract reuse reproduce and share all or a substantial portion of the contents of
the database B if you include all or a substantial portion of the database contents in a database
in which you have sui generis database rights then the database in which you have sui generis
database rights but not its individual contents is adapted material including for purposes of section
three B and see you must comply with the conditions in section three A if you share all or a
substantial portion of the contents of the database for the avoidance of doubt this section four
supplements and does not replace your obligations under this public license where the license rights
include other copyright and similar rights and now comes a big bold text section section five
disclaimer of warranties and limitation of liability i'm not going to shout the whole thing
A unless otherwise separately undertaken by the licenser to the extent possible the licenser
offers the license material as is and as available and makes no representations or warranties of
any kind concerning the license material whether express implied statutory or other this includes
without limitation warranties of title merchant ability fitness for a particular purpose non-infringement
absence of latent or other defects accuracy of the presence or absence of errors whether or not
known or discoverable where disclaimers of warranties are not allowed in full or in part
this disclaimer may not apply to you B to the extent possible in no event with the license
or be liable to you on any legal theory including without limitation negligence or otherwise for
any direct special indirect incidental consequential punitive exemplary or other losses costs
expenses or damages arising out of this public license or use of the license material even
if the licenser has been advised of the possibility of such losses costs expenses or damages
where a limitation of liability is not allowed in full or in part this limitation may not apply
to you now it's not shouted anymore see the disclaimer of warranties and limitation of liability
provided above shall be interpreted in a manner that to the extent possible most closely
approximates an absolute disclaimer and waiver of liability section 6 term and termination
a this public license applies for the term of the copyright and similar rights license here
however if you fail to comply with this public license then your rights under this public license
terminate automatically B where your rights to use the license material has terminated under
section 6a it reinstates one automatically as of the date the violation is cured provided it is
cured within 30 days of your discovery of violation or two upon express reinstatement by the
licenser for the avoidance of doubt this section 6b does not affect any right the licenser
may have to seek remedies for your violations of this public license see for the avoidance of
doubt the licenser may also offer the license material under separate terms or conditions
or stop distributing the license material at any time however doing so will not terminate
this public license d sections 1567 and 8 survive termination of this public license
section 7 other terms and conditions a the licenser shall not be bound by any additional
or different terms or conditions communicated by you unless expressly agreed
B any arrangements understandings or agreements regarding the license material not stated herein
are separate from and independent of the terms and conditions of this public license
section 8 interpretation a for the avoidance of doubt this public license does not and shall not
be interpreted to reduce limit restrict or impose conditions on any use of the license material
that could lawfully be made without permission under this public license B to the extent possible
if any provision of this public license is deemed uninforcible it shall be automatically reformed
to the minimum extent necessary to make it enforceable if the provision cannot be reformed it
shall be severed from this public license without affecting the enforceability of the remaining
terms and conditions see no term or condition of this public license will be waived and no failure
to comply consented to unless expressly agreed to by the licenser d nothing in this public license
constitutes or may be interpreted as a limitation upon or waiver of any privileges and immunities
that apply to the licenser or you including from the legal processes of any jurisdiction or authority
and that's the end of the license and here's an additional paragraph after the license itself
Creative Commons is not a party to its public licenses notwithstanding Creative Commons may
elect to apply one of its public licenses to material it publishes and in those instances will
be considered the licenser the text of the Creative Commons public licenses
oh this is relevant the text of the Creative Commons public licenses is dedicated to the public
domain under the CC zero public domain dedication except for the limited purpose of indicating
that material is shared under Creative Commons public license or as otherwise permitted by the
Creative Commons policies published at Creative Commons.org slash policies Creative Commons
does not authorize the use of the trademark Creative Commons or any other trademark or logo
of Creative Commons without its prior written consent including without limitation in connection
with any unauthorized modifications to any of its public licenses or any other arrangements
understandings or agreements concerning use of license material for the avoidance of doubt this
paragraph does not form part of the public licenses Creative Commons may be contacted at Creative
Commons.org I think that was actually a bit shorter than the CC three certainly not much longer
so that's interesting and it covers a couple of new basis which will be interesting to analyze
in the next episode of hacker public radio one moral rights
moral rights
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