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

[Kim Tucker]

There should be 5Rs, the zeroth being "Rediscover".

Then no matter how many enclosures there might be around (e.g.) a
cc-by resource, and some of its derivatives, if it is re-discoverable
(or copies re-findable) then at least one (infinitely reproducable)
copy will still be libre with access costs as low as people can make
them (someone has to pay for a computer and a network connection or a
CD, ... .).

K

On 30 November 2012 23:08, Wayne Mackintosh <mackintosh.wayne at gmail.com> wrote:
> On Sat, Dec 1, 2012 at 10:40 AM, Downes, Stephen
> <Stephen.Downes at nrc-cnrc.gc.ca> wrote:
>>
>>
>> But let’s take my own content as an example, which is licensed under
>> Creative Commons. If a university uses my content (which I know at least
>> some universities do) but makes it available only in an internal repository,
>> hence requiring a student to pay tuition to access it, then my CC-licensed
>> content is not freely available.
>
>
> Correct -- I agree. In your example, using an NC license, you would have
> legal recourse to challenge the use of your materials to restrict access
> through a mechanism of tuition fees.
>
> Similarly, the issue of enclosure would also hold true for a non-profit
> entity requiring student registration to participate in a no-cost
> professional development course using your materials.
>
> I don't think that a license restriction (eg, SA, NC or ND) is sufficient to
> protect against this kind of enclosure, and as such licenses are not perfect
> mechanisms to regulate or control the intent of creators or downstream
> users.
>
> Clearly, technological means could be used to enclose access to resources
> while still honouring the permissions of the original license -- a mild form
> of DRM.  In short, OER is more than the 4Rs or licenses.
>
> OER = Free (depending on your personal belief) + licenses or declarations
> that enable the 4Rs + technological means to maximise downstream access.
>
> The important message, irrespective of personal belief structures
> appertaining to the meaning and implementation of "free" is that we should
> encourage the use of free and open file formats and distribute OER on as
> many "repositories" as possible.
>
> Notwithstanding the debates, I think we're in a better position today than
> we were a decade ago when Unesco adopted the concept of OER.
>
> W
> --
> Wayne Mackintosh, Ph.D.
> Director OER Foundation
> Director, International Centre for Open Education, Otago Polytechnic
> Commonwealth of Learning Chair in OER, Otago Polytechnic
> Founder and elected Community Council Member, WikiEducator
> Mobile +64 21 2436 380
> Skype: WGMNZ1
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>
>
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