development of an education license or license option for Creative Commons

[David Palmer <davidpalmer AT westnet.com.au>]

Hello,

Mia Garlick wrote:

>  Intended Meaning of "Non-Commercial"
>
>  Just to clarify a topic that has been the subject of some discussion
>  on this list over recent days - the intended meaning of
>  non-commercial as drafted in the CC-NC licenses is any use in a
>  for-profit environment. The drafting of the license was intended to
>  avoid any distinctions based on whether money changed hands or a
>  profit was actually made. The relevant factor to consider is whether
>  the entity making use of the work has profit as its primary motive.
>
>  Hope this clarifies things rather than raises more questions!
Chris Lott writes:

'Not really, since this is what Stephen Downes already said which
prompted the original question. So, is the "primary motive" of
University of Phoenix (which has been part of the discussions here) to
make a profit?'



Karen Coyle advises:

'In the U.S. it's fairly easy to determine non-profit from for-profit 
organizations, since all organizations have to declare their tax status'.
..................................................
...and in the international setting, most national environments, to 
cater for such entities as religious charitable organisations and the 
ilk, have the equivalent forms of organisation registration procedures 
that are policed through public bodies.

I think that it would be far more 'profitable' for us to rely on these 
already established aspects, that also incorporate functions such as 
auditing and profit regulation, whereby if an organisation assembles a 
'product', in this case an educational presentation incorporating CC 
licenced material, they are restricted in regard to the profit margin 
they may charge. i.e., if they receive some aspect of that programme for 
no commercial fee, there is no corresponding 'commercial profit' for 
that percentage of their product. They are quite free to charge, and the 
profit percentage is usually set in law to prevent extortionate pricing, 
for that aspect of their product that they have had to pay for in order 
to create.
It would be possible, and probably quite efficient to have the matter 
policed in this way, if we were to liaise with the bodies concerned.

Karen then goes on to remind us, that:

'Most educational institutions are registered as non-profit corporations 
(even private universities)'.
..........................................................

as proof that only the façade of one of the primary ingredients of the 
Welfare State, free education,exists these days.
Something that, I hope, some of us are in the process of attempting to 
reverse here.

And then also:

'There's no way to make the same determination for individuals, however 
individual use doesn't seem to be the main concern here'.
...........................................................

...Individual use, though, must be bound by the same law.

Individual use would be employed within two environments:

(1) By small business people operating as consultants or tutors that 
would be greatly assisted by a source of economically viable, 
instructional material, that would make it possible for them to offer 
their end product, at the same price as a larger entity with its greater 
buying capacity, enabling them to compete within the same marketplace;
(2) And also by the individual solo learner, that may well have to deal 
with  living within an isolated  rural environment, restricted to 
improving their lot in life, after a days heavy work, or possibly an 
inmate of a government institution, of a variety of sorts, that would be 
able to transcend their normally restrictive environments, and 
themselves, along with any number of other possible examples.

I would contend that the individual case *is* the main concern here.
That being catered to, the greater social environment involved will be 
amply provided for.

And Greg London, for me, introduces an interesting point:

'Well, it was a concern for me. Does the CC-NC require the person
be a NonProfit entity? Or does it just require "not making a profit?"'
..........................................................

I feel that we must be very cautious when employing terminologies within 
a legal context.
There seems to be a very comfortable assumption that the terminologies 
of 'profit' and 'commercial' are at least interchangable.
One personality even goes so far as to infer that the term 'profit' is 
not broad enough, and only 'commercial earnings' is sufficient to 
encompass the full definition.
I would like to see terminologies prescribed so as to cater for the full 
definition of 'profit' across the entire social spectrum, while having 
the very narrow, tunnel-vision aspect of 'commercial earnings' that lies 
within that definition, rigidly defined, and restricted.

I would also like to say, that it can be very comfortable to cater for 
an established environment when formulating policy for these exercises. 
I don't feel that it is inappropriate to state, that many academic 
personalities would be comfortable in protecting the established 
situation that provides them, with what they believe they require for 
their habitual daily existence. In efficiently doing so, though, they 
may very well be not fulfilling the responsibilities inherent in 
facilitating a future learning environment of far greater potential than 
the one we are restricted to now.

There is a way, if we go about things creatively, to create a 
'profitable' environment for all parties concerned.
In a situation where 'commercial earnings' are involved, somebody else 
has to pay.
One path leads to a mutually shared enrichment of the common environment.
The other to a restricted earning potential, within a narrow definition 
of the terminology, at the expense of the rest, and contributes to the 
intellectual poverty of the social spectrum as a whole.

The definitions of these terminologies need to be rigidly defined, so 
that the contexts they refer to may be all the more efficiently catered to.
Regards,

David Palmer.