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

[rory]

Brian,
I thought this was over, but I feel I have to clarify. Water is free. I 
used the granny analogy (and was thinking of her creek not her tap) 
because I did not want it to be confused with large scale water selling 
companies.  How about the air analogy. Air is free and not regulated, 
but is also can be sold (compressed or as "Australian eucalyptus air")?
As for the NC and non-profits. Universities are not charging for the 
course content but for the course itself. Content is sold or provided 
separately. So non-profits are not engaging in a commercial transaction 
with the content (as long as they don't charge for the texts more than 
it costs to produce them!). I would say that even for-profit 
universities could use the NC under that interpretation.
All the best.
Rory

On 12-11-28 1:00 PM, Brian Lamb 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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-- 
Rory McGreal
UNESCO/COL Chair in OER
Athabasca University
rory at athabascau.ca
Toll Free:1-855-807-0756


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