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

[Browne, Delia]

I think non for profits educational institutions that charge tuition fees can rely on CC BY NC. Non commercial is not defined in such way to be read narrowly so to exclude such use by institutions. That said, the more restricted application is arguable is I recommend cc cy as as it provides more certainty.

I advise schools government and non government that they can use material licensed under CC BY NC. Australian collecting societies also exclude all CC licensed material from remuneration.

Our information sheets on Creative Commons prepared in collaboration with Creative Commons Australia also state that CC BY NC can be used for educational purposes.

Delia Browne
National Copyright Director
National Copyright Unit
Standing Council on Education and Early Childhood
Australia
www.smsrtcopying.edu.au<http://www.smsrtcopying.edu.au>




Sent from my iPad

On 29/11/2012, at 7:16 AM, "Brian Lamb" <brlamb at mail.ubc.ca<mailto: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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