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

[Cable Green]

I like Wayne's summary... with one minor adjustment:

Wayne wrote: "OER = Free (depending on your personal belief) + licenses or
declarations that enable the 4Rs + technological means to maximise
downstream access."

My edit: "OER = Free (depending on your personal belief) + licenses &
technological means that enable the 4Rs ... to maximise downstream access."

Cable


On Fri, Nov 30, 2012 at 2:08 PM, 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 <http://wikieducator.org/User:Mackiwg>, Ph.D.
> Director OER Foundation <http://www.oerfoundation.org>
> Director, International Centre for Open Education, Otago Polytechnic
> Commonwealth of Learning Chair in OER, Otago Polytechnic
> Founder and elected Community Council Member, WikiEducator<http://www.wikieducator.org>
> Mobile +64 21 2436 380
> Skype: WGMNZ1
> Twitter <http://twitter.com/#%21/Mackiwg> | identi.ca<http://identi.ca/waynemackintosh>
> Wikiblog <http://wikieducator.org/User:Mackiwg/Blog>
>
>
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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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