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

[Albright, Susan]

Hi David,
I can't help but comment.  I miss seeing you at the open education meetings.  I'm going to get in my car right now and go to my next meeting right  thinking about  Tuition as a movie ticket and OER as the popcorn.  That will be fun.

Susan Albright

-----Original Message-----
From: oer-community-bounces at athabascau.ca [mailto:oer-community-bounces at athabascau.ca] On Behalf Of David Wiley
Sent: Wednesday, November 28, 2012 5:05 PM
To: oer-community
Subject: Re: [Oer-community] On-line education is using a flawed Creative Commons license

Brian,

The answer to your question is no, charging tuition for a class that uses an NC licensed textbook does not violate NC. I'm trying to keep my contributions on this open, so I've posted the actual response on my blog - Tuition is a Movie Ticket, OER are Popcorn (http://opencontent.org/blog/archives/2618).

This is nothing but publisher FUD and we simply need some case law to put this argument to bed. But you will never see a publisher litigate on this issue because they know they will lose, and for their trouble will have paid the legal fees necessary to establish the case law that undercuts their FUD.

David

On Wed, Nov 28, 2012 at 1:00 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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