[cc-education] Quick draft

Stephen Downes stephen at downes.ca
Fri Feb 6 13:02:53 EST 2004


Hiya Folks,

Not to be a broken record, but I reiterate my opposition to a license - 
especially one under the Creative Commons banner - that restricts the 
use of materials to institutions, particularly given that one must be of 
certain means to attend such institutions and hence to benefit from the 
license. It's kind of like a 'Creative Commons for the rich'.

I moreover restate the objection on the ground that the expectation has 
been created that when you see a Creative Commons license, that you have 
the permission, within broad parameters, to use the material, no matter 
who you are, has been eroded. The introduction of an 
institution-specific (or even an education-specific) license 
reintroduces the sort of ambiguity that before Creative Commons required 
the use of a lawyer to sort out.

-- Stephen Downes

David Wiley wrote:

> Hello all. There have only been a handful of responses to the last
> email. I hope people won't feel offended or that I'm jumping the gun by
> offering draft language with so few responses, but we are working on a
> schedule.
>
> As context for the draft below, please take a moment to look at the
> format of CC's new Sampling License -
> http://creativecommons.org/license/sampling - I've made a conscious
> effort to make our draft similar in structure and style. There is some
> discussion below the draft.
>
> <DRAFT LANGUAGE>
>
> If you make your work available under the Education License, you require
> that users of your work:
>
>   - Cite you as the source of the work per standard academic practices,
>
>   - Make only noncommercial uses of your work which primarily and
> purposively facilitate learning, and
>
>   - Distribute any modified versions of your work
>
>      + under this same license, and
>      + include in the distribution a copy of the original work which
> allows users to determine what changes you made to the derived work
> (inclusion by link / reference is sufficient)
>
> Do you want to:
>
> Allow teachers, students, and others directly associated with a formal
> educational institution, as well as mentors, tutors, self-learners, and
> others who may not be directly associated with a formal educational
> institution, to make permitted uses of your work?
>
>   - Yes
>
>   - No, I want to restrict use of my work to only teachers, students,
> and others directly associated with a formal educational institution.
>
> </DRAFT>
>
> This license is sort of a "By-NC-SA Plus" license. The three pluses are
> (1) noncommercial uses are not sufficient - uses must be noncommercial
> AND primarily facilitate learning, (2) a mechanism is imposed that
> establishes accountability for for the creation of derivative works.
>
> (3) is the big one. Rather than decide for the user whether to stick to
> formal educational institutions or not, the draft language passes the
> decision on to the user. This choice in effect creates two education
> licenses. You will see at http://creativecommons.org/projects/sampling
> that the Sampling licence takes two forms because of a similar option,
> with two distinct license names and two separate icons. I propose that
> we call one license the Open Education license, and the other the Formal
> Education License, and that we also use two separate icons to keep clear
> in users minds' which is which.
>
>
> So, feedback please. Remember we're trying to arrive at a draft by next
> Wednesday. Thanks for your blood, sweat, and tears on this,
>
> David
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>

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