I have only used CC 0 and CC BY SA for all of my own content in the
various places I have posted, so it is fine with me.
-- 
Kevin B. O'Brien
zwil...@zwilnik.com
http://about.me/zwilnik

“People shouldn't be afraid of their government. Governments should be
afraid of their people.” - Alan Moore, V for Vendetta


On Thu, Mar 6, 2025 at 12:04 PM Ken Fallon via Hpr
<hpr@lists.hackerpublicradio.com> wrote:
>
> Hi All,
>
> I would like to officially request that the "non free" variants of the 
> Creative Commons licenses be removed from the HPR upload form.
>
> To remain Allowed
>
> CC 0 - This is a public domain license.
> CC BY - This license is similar to a MIT/BSD source software license.
> CC BY-SA - This license is similar to a copyleft free and open source 
> software license and is our default license.
>
> Request to Remove
>
> CC BY-ND as no edits or changes to the original work are allowed.
> CC BY-NC as non-commercial use is not allowed.
> CC BY NC SA as non-commercial use is not allowed.
> CC BY NC ND as non-commercial use is not allowed and no edits or changes to 
> the original work are allowed.
>
> Existing shows will remain as is, but a concerted effort will be made to have 
> the hosts license their work to an approved license.
>
> For more information please see:
>
> https://creativecommons.org/share-your-work/cclicenses/
> https://libguides.unm.edu/OER_Primer/common_open_licenses
> https://creativecommons.org/faq/#does-my-use-violate-the-noncommercial-clause-of-the-licenses
> https://hackerpublicradio.org/about.html#permission
> https://lists.hackerpublicradio.com/pipermail/hpr/2011-June/000384.html
> https://hackerpublicradio.org/about.html#permission
>
> Background and reasoning
>
> HPR is dedicated to sharing knowledge, and while the Non Commercial (NC) and 
> No Derivatives (ND) licenses in theory do not hinder this, in practice they 
> do.
>
> No Derivatives (ND)
>
> Were a show to be submitted using No Derivatives (ND) on hobby electronics as 
> an example, we could not use that in a tutorial on HAM radio.
>
> There are only six shows that have a No Derivatives (ND) clause, and they all 
> are shows we published in their entirety as a showcase of other creative 
> commons works.
>
> Non Commercial (NC)
>
> When HPR started all shows were released under a CC-BY-NC-SA license. 
> Following discussion HPR: RFC Changing show to CC-BY-SA we switched to 
> CC-BY-SA.
>
> The Creative commons says
>
> CC’s NonCommercial (NC) licenses prohibit uses that are “primarily intended 
> for or directed toward commercial advantage or monetary compensation.” ... CC 
> cannot advise you on what is and is not commercial use. If you are unsure, 
> you should either contact the rights holder for clarification, or search for 
> works that permit commercial uses."
>
> Were a host to sell a usb stick containing our episodes at an event and sell 
> it (at cost or for a small markup to cover expenses), any Non Commercial (NC) 
> show could not be included. We could always ask permission on a case by case 
> basis, but that is not practical given we would need to contact 128 hosts. It 
> would also require the person who bought the usb stick from us to get 
> permission from all the NC hosts if they wish to sell it on to someone else.
>
> Selecting a NC license does not prevent Commercial Use, as can be shown from 
> the example of HPR4322 that is released under CC BY NC SA on all the major 
> platforms.
>
> https://open.spotify.com/episode/6YOAbND8nUrT4sRqmP9hAu?si=97727821ae574c19
> https://music.amazon.fr/podcasts/9d9e6211-ff78-4501-93b6-6a9e560c4dbd/episodes/5e454913-1874-4882-b682-962695ad062b/hacker-public-radio-hpr4322-fighting-smartphone-addiction
> https://www.iheart.com/podcast/256-hacker-public-radio-30994513/episode/hpr4322-fighting-smartphone-addiction-268901659/
> https://podcasts.apple.com/us/podcast/hpr4322-fighting-smartphone-addiction/id281699640?i=1000695663719
> https://www.listennotes.com/de/podcasts/hacker-public-radio/hpr4322-fighting-smartphone-2BqjJEXW796/
> https://player.fm/series/hacker-public-radio/hpr4322-fighting-smartphone-addiction
> https://www.podchaser.com/podcasts/hacker-public-radio-76781/episodes/hpr4322-fighting-smartphone-ad-242115152
> https://open.spotify.com/episode/6YOAbND8nUrT4sRqmP9hAu
> https://toppodcast.com/podcast_feeds/hacker-public-radio/
>
> They will argue that they are only sharing the feed, which is correct as the 
> media itself is coming from our servers. We could counter argue that they are 
> making money off our work, but alas we have no legal team.
>
> So in summary those who wish to profit from our shows do so secure in the 
> knowledge that we can't do anything about it, while we place a impossible 
> burden on those that wish to do the right thing.
>
> --
> Regards,
>
> Ken Fallon (PA7KEN,G5KEN)
> https://kenfallon.com
> https://hackerpublicradio.org/hosts/ken_fallon
>
> _______________________________________________
> Hpr mailing list
> Hpr@lists.hackerpublicradio.com
> https://lists.hackerpublicradio.com/mailman/listinfo/hpr

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