[WikiEducator] Re: MIT, Elsevier Offer Free Content From MoreThan 2,000 Journals

2008-05-30 Thread Wayne Mackintosh
Hi Stephen, Leo and friends.

Stephen is an international icon in the world of digital learning and is
an exemplary advocate for free software in education.  Without getting
into the rhetoric of free versus libre, Stephen makes a compelling
argument but the NC restriction is not supported by the WikiEducator
community.  Apology for the long email -- but this relates to a core
value of our community project.

WikiEducator subscribes to the Free Cultural Works Definition with
regards to our interpretation of the meaning of free content.
(http://freedomdefined.org/Definition ) -- this covers the generic
freedoms derived from the free software movement, for convenience listed
here:


  * The freedom to use the work and enjoy the benefits of using it
  * The freedom to study the work and to apply knowledge acquired
from it
  * The freedom to make and redistribute copies, in whole or in
part, of the information or expression
  * The freedom to make changes and improvements, and to distribute
derivative works


However in addition to these requirements the WikiEducator community,
through the free cultural works definition specifies a number of
additional requirements (these are not optional) in our community.
Again, I quote from the free content definition:

In order to be considered free, a work must be covered by a Free Culture
License, or its legal status must provide the same essential freedoms
enumerated above. It is not, however, a sufficient condition. Indeed, a
specific work may be non-free in other ways that restrict the essential
freedoms. These are the additional conditions in order for a work to be
considered free:


  * Availability of source data: Where a final work has been
obtained through the compilation or processing of a source file
or multiple source files, all underlying source data should be
available alongside the work itself under the same conditions.
This can be the score of a musical composition, the models used
in a 3D scene, the data of a scientific publication, the source
code of a computer application, or any other such information. 
  * Use of a free format: For digital files, the format in which the
work is made available should not be protected by patents,
unless a world-wide, unlimited and irrevocable royalty-free
grant is given to make use of the patented technology. While
non-free formats may sometimes be used for practical reasons, a
free format copy must be available for the work to be considered
free.
  * No technical restrictions: The work must be available in a form
where no technical measures are used to limit the freedoms
enumerated above.
  * No other restrictions or limitations: The work itself must not
be covered by legal restrictions (patents, contracts, etc.) or
limitations (such as privacy rights) which would impede the
freedoms enumerated above. A work may make use of existing legal
exemptions to copyright (in order to cite copyrighted works),
though only the portions of it which are unambiguously free
constitute a free work.


Consequently you cannot upload proprietary formats on WIkiEducator. Try
uploading an MSWord document or Powerpoint smile. We believe that
legally the SA provisions are strong enough to protect against
commercial exploitation. For instance, should a publishing company want
to user and publish the OER Handbook currently under development in WE,
and they want to add an additional chapter or translate the work --
there is a legal requirement to release the derivative works under the
same conditions they received the originals -- including the requirement
of free formats etc. 

In the real world -- I guess this will be difficult to police and
monitor.  However, the same holds true for NC content that is use
inappropriately by commercial exploiters.  

The WIkiEducator supports both the CC-BY and CC-BY-SA licenses (The
Share Alike is our default unless specified by the author at the onset
of a project.) 

WE do not support the non-commercial restriction for two reasons:


  * It does not meet the requirements of the Free Cultural Works
definition as the right to sell a compilation is deemed a
restriction of essential freedoms;
  * WE has a strong focus on the development agenda, in particular
the first Millennium Development Goal associated with the
eradication of abject poverty. Simply stated WE do not wish to
deny the rights of individuals to earn a living (See:
http://wikieducator.org/WikiEducator:M_and_E_Overview ) and this
is communicated as a value by not entertaining the NC
restriction.


Our approach is to open up and encourage wide distribution of free
content through multiple distribution channels -- even if that means
some people earn a living by doing 

[WikiEducator] Re: MIT, Elsevier Offer Free Content From MoreThan 2,000 Journals

2008-05-30 Thread Stephen Downes
Hiya,

I understand that WikiEducator has made the decision it has for whatever 
reasons it has. And there's no need to get into the mechanics of how the 
decision was made, or why. But...

  In order to be considered free, a work /must/ be covered by a Free 
Culture License

WikiEducator does not own the word free. A statement such as the one 
above must be qualified: In order to be considered 'free' by 
WikiEducator, a work /must/ be covered by a Free Culture License...

Otherwise, a claim is being made that extends beyond the bounds of 
WikiEducator, where WikiEducator's decision-making process no longer 
applies, and where there is not agreement on this issue.

-- Stephen


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[WikiEducator] Re: MIT, Elsevier Offer Free Content From MoreThan 2,000 Journals

2008-05-30 Thread Chris Harvey

 Stephen is an international icon in the world of digital learning and is an
 exemplary advocate for free software in education.


I think he supports open access and perhaps open source and freebie
software. Free software is a matter of freedom not price.

Warm regards
Chris

On Sat, May 31, 2008 at 3:22 AM, Wayne Mackintosh [EMAIL PROTECTED]
wrote:

  Hi Stephen, Leo and friends.

 Stephen is an international icon in the world of digital learning and is an
 exemplary advocate for free software in education.  Without getting into the
 rhetoric of free versus libre, Stephen makes a compelling argument but the
 NC restriction is not supported by the WikiEducator community.  Apology for
 the long email -- but this relates to a core value of our community project.

 WikiEducator subscribes to the Free Cultural Works Definition with regards
 to our interpretation of the meaning of free content. (
 http://freedomdefined.org/Definition ) -- this covers the generic freedoms
 derived from the free software movement, for convenience listed here:


- The *freedom to use* the work and enjoy the benefits of using it
- The *freedom to study* the work and to apply knowledge acquired from
it
- The *freedom to make and redistribute copies*, in whole or in part,
of the information or expression
- The *freedom to make changes and improvements*, and to distribute
derivative works


 However in addition to these requirements the WikiEducator community,
 through the free cultural works definition specifies a number of additional
 requirements (these are not optional) in our community. Again, I quote from
 the free content definition:

 In order to be considered free, a work *must* be covered by a Free Culture
 License, or its legal status *must* provide the same *essential 
 freedoms*enumerated above. It is not, however, a sufficient condition. 
 Indeed, a
 specific work may be non-free in other ways that restrict the essential
 freedoms. These are the additional conditions in order for a work to be
 considered free:


- *Availability of source data:* Where a final work has been obtained
through the compilation or processing of a source file or multiple source
files, all underlying source data should be available alongside the work
itself under the same conditions. This can be the score of a musical
composition, the models used in a 3D scene, the data of a scientific
publication, the source code of a computer application, or any other such
information.
- *Use of a free format:* For digital files, the format in which the
work is made available should not be protected by patents, unless a
world-wide, unlimited and irrevocable royalty-free grant is given to make
use of the patented technology. While non-free formats may sometimes be 
 used
for practical reasons, a free format copy *must* be available for the
work to be considered free.
- *No technical restrictions:* The work must be available in a form
where no technical measures are used to limit the freedoms enumerated 
 above.

- *No other restrictions or limitations:* The work itself must not be
covered by legal restrictions (patents, contracts, etc.) or limitations
(such as privacy rights) which would impede the freedoms enumerated above. 
 A
work may make use of existing legal exemptions to copyright (in order to
cite copyrighted works), though only the portions of it which are
unambiguously free constitute a free work.


 Consequently you cannot upload proprietary formats on WIkiEducator. Try
 uploading an MSWord document or Powerpoint smile. We believe that legally
 the SA provisions are strong enough to protect against commercial
 exploitation. For instance, should a publishing company want to user and
 publish the OER Handbook currently under development in WE, and they want to
 add an additional chapter or translate the work -- there is a legal
 requirement to release the derivative works under the same conditions they
 received the originals -- including the requirement of free formats etc.

 In the real world -- I guess this will be difficult to police and monitor.
 However, the same holds true for NC content that is use inappropriately by
 commercial exploiters.

 The WIkiEducator supports both the CC-BY and CC-BY-SA licenses (The Share
 Alike is our default unless specified by the author at the onset of a
 project.)

 WE do not support the non-commercial restriction for two reasons:


- It does not meet the requirements of the Free Cultural Works
definition as the right to sell a compilation is deemed a restriction of
essential freedoms;
- WE has a strong focus on the development agenda, in particular the
first Millennium Development Goal associated with the eradication of abject
poverty. Simply stated WE do not wish to deny the rights of individuals to
earn a living (See:

[WikiEducator] Re: MIT, Elsevier Offer Free Content From MoreThan 2,000 Journals

2008-05-30 Thread Wayne Mackintosh
Hi Chris

On Sat, 2008-05-31 at 06:18 +1000, Chris Harvey wrote:

 and indeed, that when materials are used commercially (eg.,
 sold) they are by definition *not* free.
 
 
 You might want to look up the word free in the dictionary.
 

Yip, you right  -- the commercial version would not be free of cost
however the original version on WE is both free of cost and free as in
freedom of speech. 

As Stephen pointed out -- there are multiple meanings of free --
http://dictionary.reference.com/browse/free

Richard Stallman of the free software foundation has written extensively
on the meaning of free insofar as free software is concerned -- and
WikiEducator derives its meaning of free from these principles.  For us
this is a matter of freedom, not price, so think of free speech.

It's a well documented debated and there is divided opinion in
educational circles. 

Hope this helps.

Cheers

See for example:

http://wikieducator.org/Say_Libre or






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[WikiEducator] Re: MIT, Elsevier Offer Free Content From MoreThan 2,000 Journals

2008-05-30 Thread Stephen Downes

Chris Harvey wrote:

 I think he supports open access and perhaps open source and freebie
 software. Free software is a matter of freedom not price.

I am well aware of the distinction between 'free as in freedom' and
'free as in beer'. I suppose 'free as in freedom'.

My objection to commercial use is that it is a business model supported
by *denying* access to resources. If a resource must be purchased before
it may be used, then it is not free in either sense. A person does not
have the freedom to use, modify, etc., something he or she must buy.

I appreciate that many of the other conditions of the free culture
license - such as the use of non-proprietary media - serve to mitigate
the excesses of commercial sales of open content. My belief is that the
full set of such stipulations, crafted so as to close all loopholes,
would be tantamount to the 'con-commercial' clause.

-- Stephen


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[WikiEducator] Re: MIT, Elsevier Offer Free Content From MoreThan 2,000 Journals

2008-05-30 Thread Chris Harvey

 If a resource must be purchased before
 it may be used, then it is not free in either sense. A person does not
 have the freedom to use, modify, etc., something he or she must buy.


This is not true, free software is not a campaign against commerce, its a
campaign for freedom. Im not less free when I have to pay for a hard copy of
wikipedia. I think your really confused about this and it would help if you
visit the wiki, at this point I'm starting to wonder if your just trolling
us. I own this book http://www.oreilly.com/openbook/freedom/ , the only way
for me to get that book was to buy it. I have the freedom to use, modify,
etc

Its fairly obvoius why most people use NC license and its really nothing to
do with preventing your work from being locked away. I understand you have
to make a living but so do we.

Regards
Chris

On Sat, May 31, 2008 at 6:55 AM, Stephen Downes [EMAIL PROTECTED] wrote:


 Chris Harvey wrote:
 
  I think he supports open access and perhaps open source and freebie
  software. Free software is a matter of freedom not price.
 
 I am well aware of the distinction between 'free as in freedom' and
 'free as in beer'. I suppose 'free as in freedom'.

 My objection to commercial use is that it is a business model supported
 by *denying* access to resources. If a resource must be purchased before
 it may be used, then it is not free in either sense. A person does not
 have the freedom to use, modify, etc., something he or she must buy.

 I appreciate that many of the other conditions of the free culture
 license - such as the use of non-proprietary media - serve to mitigate
 the excesses of commercial sales of open content. My belief is that the
 full set of such stipulations, crafted so as to close all loopholes,
 would be tantamount to the 'con-commercial' clause.

 -- Stephen


 


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