[Oer-community] On-line education is using a flawed Creative Commons license

[Cable Green]

Hi Brian:

re: NC

This resource might be helpful:
http://wiki.creativecommons.org/Defining_Noncommercial

Also note the topic of further defining (or not) NC was a hot topic in the
4.0 discussions: http://wiki.creativecommons.org/4.0/NonCommercial

"Does an NC license forbid reuse by non-profit public education
institutions that charge tuition?"

Most people I talk to say "no." There are, however, exceptions: Flat World
Knowledge (pending their decision re: licensing future works) and NROC (see
terms <http://www.montereyinstitute.org/license/license.html#cc>) spring to
mind.  I think you hit on the important point - ask.  If you are a
non-profit educational institution, and you want to use NC licensed
resources, it makes sense to contact the licensor, tell them what you would
like to do with their NC licensed content - and see what they say.

That friction <http://wiki.creativecommons.org/Modifying_the_CC_licenses>(asking
for clarification) is, of course, not desirable... which is one of
the reasons some advocate for choosing CC licenses with the fewest
restrictions possible.  Fewer restrictions = more degrees of freedom for
downstream users and uses.

Cable


On Wed, Nov 28, 2012 at 12:00 PM, Brian Lamb <brlamb at mail.ubc.ca> wrote:

> I am finding this discussion on the NC clause to be provocative and fun to
> read.  I find points made on both sides worthy of consideration. I am
> confused by this point of comparison by Rory:
>
>
>  RORY>>> Not true. NC does NOT prevent commercialization. It encourages
> it. Private companies want the exclusive right to distribute so they
> license it  directly from the author a la Flatworld.  NC promotes and
> supports commercialization. People in Canada have free access to water.
> Others bottle it and people pay for it. The fact that some companies choose
> to sell it does not make water unfree. Granny can bottle her free water and
> sell it. Others can take the free water and use it gratis.
>
>
> ...Water is free you can use if as you like or you can sell it. NC
> restricted content limits the selling option to one person.
>
>
>
> In most places I've been, water is a publicly regulated commodity.
> "Granny" either pays a water bill, or helps support a public utility
> through her taxes. She can bottle her free water and sell it, but if she
> were doing it on such a scale that it exceeded a reasonable personal usage,
> she would likely face legal sanction. In places where water is scarce,
> water rationing is common.  And I would hope corporations or individuals
> would not be permitted to engage in commercial activities that endanger the
> careful management of a limited and valuable resource - whether by
> polluting it, or by excessive use (or control) of it.
>
> On another note, have y'all read this post by Mike Caulfield?
>
> http://hapgood.us/2012/10/31/coursera-cc-nc-and-ocw/
>
> Turns out the application of an NC license does not absolutely forbid all
> commercial use for all time. *"A CC-NC license is not a blood oath; the
> license holder can negotiate exceptions."*  Wow, who knew? But we would
> have to talk to each other. And this mailing list just demonstrates how
> much educators hate to talk to one another.
>
> Finally, can somebody tell me if an NC license forbids reuse by non-profit
> public education institutions that charge tuition? Seems like a fairly
> simple question, but I've heard authoritative responses that wholly
> contradict each other on that point. If such basic definitions of use are
> this unclear, I suspect we will not find consensus on this discussion.
>
> Though again, I am enjoying following the debate. Thanks to all the
> participants.
>
> Brian
>
> Brian Lamb
> Director, Innovation
> Thompson Rivers University
> Kamloops, BC, Canada
> (On leave from UBC)
>
>
>
>
>
>
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>


-- 


Cable Green, PhD
Director of Global Learning
Creative Commons
http://creativecommons.org/education
http://twitter.com/cgreen
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