Monthly Archive for June, 2006

eduCommons Namespace Problems…

As most of my readers know, we have been using the name eduCommons for our open source OpenCourseWare software for many years now. (See http://cosl.usu.edu/projects/educommons/ for more information). Actually, our first National Science Foundation proposal using this name went in in 2001, I believe. However, today I saw that Creative Commons Canada has launched a small initiative by the same name. I tried to leave a comment on their blog, but was required to login to comment and could not find the register/login link, so here I am forced to use trackback to get my message to them. So here’s the message:

While I fully support your goals (as you will see if you look at the website referenced above), I would ask that you please choose a name other than eduCOMMONS as this can only create confusion.

It was bad enough when Sun called and said “we’re thinking about naming our new project Education Commons. It’s really close to your name, and is closely related to what you’re doing, so we thought we’d call and ask if you would mind?” I said yes, I would mind, and of course they did it anyway…

eduCommons Namespace Problems…

As most of my readers know, we have been using the name eduCommons for our open source OpenCourseWare software for many years now. (See http://cosl.usu.edu/projects/educommons/ for more information). Actually, our first National Science Foundation proposal using this name went in in 2001, I believe. However, today I saw that Creative Commons Canada has launched a small initiative by the same name. I tried to leave a comment on their blog, but was required to login to comment and could not find the register/login link, so here I am forced to use trackback to get my message to them. So here’s the message:

While I fully support your goals (as you will see if you look at the website referenced above), I would ask that you please choose a name other than eduCOMMONS as this can only create confusion.

It was bad enough when Sun called and said “we’re thinking about naming our new project Education Commons. It’s really close to your name, and is closely related to what you’re doing, so we thought we’d call and ask if you would mind?” I said yes, I would mind, and of course they did it anyway…

A Response to Stephen

UPDATE: This is in response to Stephen’s comments on my last post. If I had a dime for every time I titled an entry like this… :) Stephen, it’s nice to have you back.

This article seems to still take the point of view of republishers or educators.

Yes, I am an educator, and this article is written from my perspective. In fact, I titled it *My Current View* on the CC-NC Licensing Option Controversy in OCWs. :) I’m not apologetic at all about this. I want to participate in the work of expanding educational opportunity, and I can only do it as an educator. That’s what I am.

The greatest beneficiaries of open access will be students and learners - people who want to read or use the materials in order to learn, not people who want to republish them for their own personal gain.

Of course. I would augment this statement by saying that many students and learners will benefit because the materials will be adopted and used by teachers and faculty. Educators do have *some* impact - even if limited - on students and learners.

It is true that most corporate - and even some non-profit - entities won’t use material stamped with a ‘NC’ clause. Big deal. Who cares?

I care. We are on a *very* slippery slope the day we begin judging some people or organizations as being worthy of our help and others as unworthy. If someone else feels qualified to make that call, I suppose they can. I certainly am not qualified - I’ll stick to trying to be helpful to everyone I can.

No student working on their own, blogging content, creating mash-ups, or sharing files would ever confuse themselves with a commercial entity, and no such student would be deterred by the ‘NC’ clause. We don’t need to know exactly where the fine line is. The important thing is to get out of this producer-consumer mentality. CC-NC is about sharing in a non-commercial community, a network of learners, not content producers.

If no one is producing content, what is being shared in this non-commercial community? What materials are being shared and studied by the network of learners if there are no content producers? Or is the point that we should work to exclude professionally produced materials from legally and freely circulating within the network, and only allow the sharing of materials produced by amateurs? Why is that a good thing? Why should we discriminate against educators and others who produce educational content for a living? This is would be a blatant case of “discrimination against a field of endeavor,” a definite no-no according to the Open Source Definition.

This, in my view, is the big danger of relying on publishers and industry in general for any aspect of open access and open learning - the danger of becoming bogged down in conditions and arguments that revolve around their needs and interests, the danger of turning what should be free into something that is (in perhaps everything but name) a commercial enterprise.

How does “allowing” people like me to participate in an ecology of sharing equate to reliance on publishers and industry? If some of the content circulating in the network is produced by educators, why is that a problem? Even with the 2500 or so courses worth of CC-licensed material in the university OpenCourseWares, the *overwhelming* majority of CC-licensed content in the world comes from blogs, Flickr, and other sources like those that Stephen mentions above. How is it that, by sharing my course materials in a freely available OCW, I’m participating in a commercial enterprise?

My Current View on the CC-NC Licensing Option Controversy in OCWs

1. It’s an empirically verifiable fact that the greater number of rights a license reserves, the more people are willing to adopt the license. At the extremes of the continuum, almost everyone takes an “all rights reserved” approach while almost no one takes a “no rights reserved whatsoever” approach. The middle cases can be quickly verified by checking Flickr or any of a number of other sites that show the aggregate behavior of users allowed to choose between CC-licenses. I have done a little writing about this previously.

2. It’s also empirically verifiable that applying the NC clause to a bit of content adds steps to the process of reusing that content for commercial purposes. Yes, it is possible to contact the owner and negotiate a contract granting you rights to make commercial uses. But it is critically important to understand that these additional steps significantly increase the transaction costs associated with reusing content.

3. The elephant in the room that no one wants to acknowledge is that the CC-NC restriction may have no meaning beyond its “common-sense” meaning. In one of the better contributions to the whole debate, Adam Bosworth recounted the following:

My second question was towards the provision in many Creative Commons licenses that indicates content may not be used for ‘Commercial Use’. I asked, what is Commercial Use? Does reposting to a blog that has ads violate the copyright license? Larry Lessig’s answer was basically, “I don’t know”. The reason why is that these things are vague and untested. There are no definitive answers to this question of what is a commercial use. What is an advertisement anyways? Is a link to my resume an advertisement? How about just links to other websites I run? Because these questions cannot even be answered by Lessig, I would never ever re-use content that is tagged ‘NonCommercial’.

Any thoughtful person is forced to arrive at the same conclusion as Adam. If Lessig doesn’t know for sure what the NC clause covers and what it doesn’t, who does? I expect the courts will not. The hardest question of all: Are we being completely honest with faculty when we tell them that the By-NC-SA license prohibits commercial use? True, MIT has had success with cease-and-desist letters…

From 1., it follows that if we want more content to be contributed to the world-wide collection of “open” resources, we should provide NC as an option to faculty. From 2., it follows that even if there is more content in the world licensed “openly,” there will be real, actual costs associated with making certain uses of that content. From 3., it follows that if University of Phoenix ever were to take USU Instructional Technology OCW content and start using it in their classes - and a “cease and desist” request actually went to court - the odds are fair that the NC option would be invalidated.

So what does all this mean? Best case scenario is that we should probably be offering “choice” to our faculty in terms of how their materials are licensed. Let those who want to choose NC choose it (understanding how much protection it really offers), but don’t cram NC down the throats of people who don’t feel they need it. I certainly don’t need it, and yet my material is licensed By-NC-SA, just like all the other OCWs (and yes, we’re talking about internally at USU about “choice” in our OCW). Over time, hopefully faculty will abandon the NC clause. Let them move at their own pace - let’s just not prevent “early adopters” from doing what they want to in terms of adopting more open licensing.

Debunking Myths about Homeschoolers

The U.S. Department of Education’s Institute of Education Sciences has released the latest version of their report The Condition of Education. Of interest to homeschoolers like myself - who in many communities are looked upon as backward, less-educated, lower-income weirdos - is the section on homeschooling:

In 2003, there were no measurable differences in rates of homeschooling among students when considering their household income or the level of their parents’ education.

Yes, even better-educated, higher income weirdos do it. And the overall percentage of U.S. students who homeschool jumped 0.5% from 1999 to 2003 - now 2.2% of all U.S. students from Kindergarten to 12th grade are homeschooled. This is movement in the right direction… :)