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Open Education: The Business
and
Policy Case for OER
Dr. Cable Green
Director of Global Learning
cable@creativecommons.org
@cgreen
Children Reading Pratham Books and Akshara By Ryan Lobo http://www.flickr.com/photos/prathambooks/3291CC BY
“Nearly one-third of the world’s
population (29.3%) is under
15. Today there are 158 million
people enrolled in tertiary
education1. Projections
suggest that that participation
will peak at 263 million2 in
2025. Accommodating the
additional 105 million students
would require more than four
major universities (30,000
students) to open every week
for the next fifteen years.1 ISCED levels 5 & 6 UNESCO Institute of Statistics figures
2 British Council and IDP Australia projections
By: COL
http://www.col.org/SiteCollectio
s/JohnDaniel_2008_3x5.jpg
Dreaming Girls Head By: Elfleda http://www.flickr.com/photos/carolinespics/1531CC BY-NC-ND
A simple, standardized
way to grant copyright
permissions to your
creative work.
Step 1: Choose Conditions
Attribution
ShareAlike
NonCommercial
NoDerivatives
Step 2: Receive a License
most free
least free
Creative Commons License Chooser
http://creativecommons.org/choose/
http://youtu.be/iHDYenuFFtA
Over 500 million items
Our vision is nothing less than realizing the full potential of the Internet – universal access to research,
education, & full participation in culture, driving a new era of development, growth, & productivity.
Develops, supports, & stewards legal and technical infrastructure that maximizes digital creativity, sharing, & innovation.
Over 77,000 contributors
working on over 22 million
articles in 285 languages
175+ Million CC Licensed Photos on Flickr
1
Higher Ed
K-12
Open Educational Resources (OER)
OER are
teaching, learning, and
research materials in any
medium that reside in the
public domain or have been
released under an open
license that permits their free
use and re-purposing by
Search & Discovery
Translations & Accessibility
Customization & Affordability
What is the
Business / Policy
Case for OER?
vs.
Rivalrous vs. Non-Rivalrous
Resources
BY SA: By Harvey Barrison http://www.flickr.com/photos/hbarrison/6920142558/
Cost of “Copy”
For one 250 page book:
• Copy by hand - $1,000
• Copy by print on demand - $4.90
• Copy by computer - $0.00084
CC BY: David Wiley, BYU
Cost of “Distribute”
For one 250 page book:
• Distribute by mail - $5.20
• $0 with print-on-demand (2000+ copies)
• Distribute by internet - $0.00072
CC BY: David Wiley, BYU
Copy and Distribute are “Free”
This changes everything
CC BY: David Wiley, BYU
Movies, TV Shows, Songs, and
Textbooks
Movies and TV Shows:
• Amazon Prime – $6.59/month
($79/year) for access to 10,000 movies
and TV shows
• Netflix – $7.99/month for access to
20,000 movies and TV shows
• Hulu Plus – $7.99/month for access to
45,000 movies and TV shows
CC BY: David Wiley: http://opencontent.org/blog/archives/2348
Movies, TV Shows, Songs, and
Textbooks
Music:
• Spotify – $9.99/month for access to 15
million songs
• Rhapsody – $14.99/month for access
to 14 million songs
CC BY: David Wiley: http://opencontent.org/blog/archives/2348
CC BY ND / Delta Initiative / http://tinyurl.com/bw3ztnt
When the Marginal Cost of Sharing is $0…
- educators have an ethical obligation to share
- governments need to get maximum ROI by
requiring publicly funded resources be openly
licensed resources
- governments and educators need openly
licensed content: (a) so you can revise & remix
(b) buying and maintaining is cheaper than
leasing (w/time bombs)
There is a direct relationship between
textbook costs and student success






60%+ do not purchase textbooks
at some point due to cost
35% take fewer courses due
to textbook cost
31% choose not to register for
a course due to textbook cost
23% regularly go without
textbooks due to cost
14% have dropped a
course due to textbook cost
10% have withdrawn from a
course due to textbook cost
Source: 2012 student survey
by Florida Virtual Campus
www.projectkaleidoscop
The Vision

100% of students have
100% free, digital access to all materials on day
1
Drive student success by
designing, adopting, measuring and
improving OER-based courses
www.projectkaleidoscop
Student ratings of quality of open texts
0 10 20 30 40 50 60 70 80
Better quality
Same quality
Worse quality
Number of Students
• “It was very concise and aligned with exactly what we were
working on in the class.”
• “Having the textbook catered to us by our teacher was
perfect.”
3%
56%
41%
Source: Bliss, Hilton, Wiley, Thanos (2012
Student preference for Kaleidoscope
courses
0 20 40 60 80 100
Prefer Kscope
Prefer traditional
No preference
Number of Students
• “I enjoy having online texts provided for me because I'm
poor. I spend the money I have left after rent on school, so
having free online texts provided for me benefits me very
much.”
• “GREAT WAY TO DO ONLINE CLASSES!!!!”
13%
13%
73%
Source: Bliss, Hilton, Wiley, Thanos (2012
0
10
20
30
40
50
60
70
80
90
Historical Success Kaleidoscope
www.projectkaleidoscop
$60 trillion
x 5% =
$ 3 trillion
CC BY
LinesofBikesBy:KOMUNews
http://www.flickr.com/photos/komunews/6176280963
Partner with Legislators
who care about:
(a) efficient use of national /
state tax dollars;
(b) saving students money;
increasing access to publicly
funded research and data;
(c) increasing access to
CC-BY licensed textbooks
for 90 university courses
$500 million - Wave 2
($2 billion over four years)
Publicly funded
resources should be
openly licensed
resources.
• Cooperate & share = We all Win
– Faculty have new choices when building learning
spaces.
– …the more eyes on a problem, the greater
chance for a solution.
• Affordability: students can’t afford textbooks
• Self-interest: good things happen when I
share
• It’s a social justice issue: everyone should
have the right to access digital knowledge.
Why is “Open” Important?
Building Effective
Teams & Shifting
the Culture to
Open as Default
http://techplan.sbctc.edu
“We will cultivate the culture and
practice of using and contributing to
open educational resources.”
But using open educational
resources – and contributing
to them – requires significant
change in the culture of higher
education. It requires thinking
about content as a common
resource that raises all boats
when shared. (p.11)
English Composition I
• 55,000+ enrollments / year
• x $175 textbook
• = $9.6+ Million every year
English Composition I
• 55,000+ enrollments / year
• x $175 textbook
• = $9.6+ Million every year
Does it make any sense WA State and
K-12 Districts together spend
$130M/year
on textbooks and the results are:
• Books are (on average) 7-10 years out of
date
• Paper only / no digital versions.
• Students can’t write / highlight in books
• Students can’t keep books at end of
year
• All rights reserved… teachers can’t
massive change By: sookieCC BY
U.S. House Appropriations Committee draft FY2012
Labor, Health and Human Services funding bill
SEC. 124. None of the funds made available by this Act
for the Department of Labor may be used to develop
new courses, modules, learning materials, or projects in
carrying out education or career job training grant
programs unless the Secretary of Labor
certifies, after a comprehensive market-based
analysis, that such courses, modules, learning
materials, or projects are not otherwise available for
purchase or licensing in the marketplace or under
development for students who require them to
participate in such education or career job training grant
programs.
http://appropriations.house.gov/UploadedFiles/FY_2012_Final_LHHSE.pdf
U.S. House Appropriations Committee draft FY2012
Labor, Health and Human Services funding bill
SEC. 124. None of the funds made available by this Act
for the Department of Labor may be used to develop
new courses, modules, learning materials, or projects in
carrying out education or career job training grant
programs unless the Secretary of Labor
certifies, after a comprehensive market-based
analysis, that such courses, modules, learning
materials, or projects are not otherwise available for
purchase or licensing in the marketplace or under
development for students who require them to
participate in such education or career job training grant
programs.
http://appropriations.house.gov/UploadedFiles/FY_2012_Final_LHHSE.pdf
H.R. 3699
"No Federal agency may
adopt, implement, maintain, continue, or
otherwise engage in any
policy, program, or other activity that -- (1)
causes, permits, or authorizes network
dissemination of any private-sector
research work without the prior consent of
the publisher of such work; or (2) requires
that any actual or prospective author, or
the employer of such an actual or
prospective author, assent to network
H.R. 3699
"No Federal agency may
adopt, implement, maintain, continue, or
otherwise engage in any
policy, program, or other activity that -- (1)
causes, permits, or authorizes network
dissemination of any private-sector
research work without the prior consent of
the publisher of such work; or (2) requires
that any actual or prospective author, or
the employer of such an actual or
prospective author, assent to network
But even better, the bill sponsor
said:
• "As the costs of publishing continue to be
driven down by new technology, we will
continue to see a growth in open access
publishers.
• This new and innovative model appears to
be the wave of the future. The transition
must be collaborative, and must respect
copyright law and the principles of open
access.
• The American people deserve to have
access to research for which they havehttp://maloney.house.gov/press-release/issa-maloney-statement-research-works-act
“The American
people deserve to
have access to
research for which
they have paid.”
http://maloney.house.gov/press-release/issa-maloney-statement-research-works-act
Public
CC BY-NC-ND
046: Rule #2: See Rule #1 By: William Couch
http://www.flickr.com/photos/wcouch/226861055
ByMichaelGwyther-Jones
http://www.flickr.com/photos/12587661@N06/
7906811250/
CC BY
• Efficient use of public funds to
increase student success and
access to quality educational
materials.
• Everything else (including all
existing business models) is
secondary.
Only ONE thing Matters:
the opposite of open isn’t “closed”
the opposite of open is “broken”
Attribution: John Wilbanks
Dr. Cable Green
Director of Global Learning
cable@creativecommons.org
twitter: cgreen

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Open Education: The Business and Policy Case for OER

  • 1. Open Education: The Business and Policy Case for OER Dr. Cable Green Director of Global Learning cable@creativecommons.org @cgreen
  • 2. Children Reading Pratham Books and Akshara By Ryan Lobo http://www.flickr.com/photos/prathambooks/3291CC BY
  • 3. “Nearly one-third of the world’s population (29.3%) is under 15. Today there are 158 million people enrolled in tertiary education1. Projections suggest that that participation will peak at 263 million2 in 2025. Accommodating the additional 105 million students would require more than four major universities (30,000 students) to open every week for the next fifteen years.1 ISCED levels 5 & 6 UNESCO Institute of Statistics figures 2 British Council and IDP Australia projections By: COL http://www.col.org/SiteCollectio s/JohnDaniel_2008_3x5.jpg
  • 4. Dreaming Girls Head By: Elfleda http://www.flickr.com/photos/carolinespics/1531CC BY-NC-ND
  • 5.
  • 6. A simple, standardized way to grant copyright permissions to your creative work.
  • 7.
  • 8. Step 1: Choose Conditions Attribution ShareAlike NonCommercial NoDerivatives
  • 9. Step 2: Receive a License
  • 11.
  • 12. Creative Commons License Chooser http://creativecommons.org/choose/ http://youtu.be/iHDYenuFFtA
  • 14.
  • 15. Our vision is nothing less than realizing the full potential of the Internet – universal access to research, education, & full participation in culture, driving a new era of development, growth, & productivity. Develops, supports, & stewards legal and technical infrastructure that maximizes digital creativity, sharing, & innovation.
  • 16.
  • 17. Over 77,000 contributors working on over 22 million articles in 285 languages
  • 18. 175+ Million CC Licensed Photos on Flickr 1
  • 20. K-12
  • 22. OER are teaching, learning, and research materials in any medium that reside in the public domain or have been released under an open license that permits their free use and re-purposing by
  • 26. What is the Business / Policy Case for OER?
  • 28. BY SA: By Harvey Barrison http://www.flickr.com/photos/hbarrison/6920142558/
  • 29. Cost of “Copy” For one 250 page book: • Copy by hand - $1,000 • Copy by print on demand - $4.90 • Copy by computer - $0.00084 CC BY: David Wiley, BYU
  • 30. Cost of “Distribute” For one 250 page book: • Distribute by mail - $5.20 • $0 with print-on-demand (2000+ copies) • Distribute by internet - $0.00072 CC BY: David Wiley, BYU
  • 31. Copy and Distribute are “Free” This changes everything CC BY: David Wiley, BYU
  • 32. Movies, TV Shows, Songs, and Textbooks Movies and TV Shows: • Amazon Prime – $6.59/month ($79/year) for access to 10,000 movies and TV shows • Netflix – $7.99/month for access to 20,000 movies and TV shows • Hulu Plus – $7.99/month for access to 45,000 movies and TV shows CC BY: David Wiley: http://opencontent.org/blog/archives/2348
  • 33. Movies, TV Shows, Songs, and Textbooks Music: • Spotify – $9.99/month for access to 15 million songs • Rhapsody – $14.99/month for access to 14 million songs CC BY: David Wiley: http://opencontent.org/blog/archives/2348
  • 34. CC BY ND / Delta Initiative / http://tinyurl.com/bw3ztnt
  • 35. When the Marginal Cost of Sharing is $0… - educators have an ethical obligation to share - governments need to get maximum ROI by requiring publicly funded resources be openly licensed resources - governments and educators need openly licensed content: (a) so you can revise & remix (b) buying and maintaining is cheaper than leasing (w/time bombs)
  • 36. There is a direct relationship between textbook costs and student success       60%+ do not purchase textbooks at some point due to cost 35% take fewer courses due to textbook cost 31% choose not to register for a course due to textbook cost 23% regularly go without textbooks due to cost 14% have dropped a course due to textbook cost 10% have withdrawn from a course due to textbook cost Source: 2012 student survey by Florida Virtual Campus www.projectkaleidoscop
  • 37. The Vision  100% of students have 100% free, digital access to all materials on day 1 Drive student success by designing, adopting, measuring and improving OER-based courses www.projectkaleidoscop
  • 38. Student ratings of quality of open texts 0 10 20 30 40 50 60 70 80 Better quality Same quality Worse quality Number of Students • “It was very concise and aligned with exactly what we were working on in the class.” • “Having the textbook catered to us by our teacher was perfect.” 3% 56% 41% Source: Bliss, Hilton, Wiley, Thanos (2012
  • 39. Student preference for Kaleidoscope courses 0 20 40 60 80 100 Prefer Kscope Prefer traditional No preference Number of Students • “I enjoy having online texts provided for me because I'm poor. I spend the money I have left after rent on school, so having free online texts provided for me benefits me very much.” • “GREAT WAY TO DO ONLINE CLASSES!!!!” 13% 13% 73% Source: Bliss, Hilton, Wiley, Thanos (2012
  • 41. $60 trillion x 5% = $ 3 trillion
  • 43. Partner with Legislators who care about: (a) efficient use of national / state tax dollars; (b) saving students money; increasing access to publicly funded research and data; (c) increasing access to
  • 44. CC-BY licensed textbooks for 90 university courses
  • 45. $500 million - Wave 2 ($2 billion over four years)
  • 46. Publicly funded resources should be openly licensed resources.
  • 47. • Cooperate & share = We all Win – Faculty have new choices when building learning spaces. – …the more eyes on a problem, the greater chance for a solution. • Affordability: students can’t afford textbooks • Self-interest: good things happen when I share • It’s a social justice issue: everyone should have the right to access digital knowledge. Why is “Open” Important?
  • 48. Building Effective Teams & Shifting the Culture to Open as Default
  • 49. http://techplan.sbctc.edu “We will cultivate the culture and practice of using and contributing to open educational resources.”
  • 50. But using open educational resources – and contributing to them – requires significant change in the culture of higher education. It requires thinking about content as a common resource that raises all boats when shared. (p.11)
  • 51. English Composition I • 55,000+ enrollments / year • x $175 textbook • = $9.6+ Million every year
  • 52. English Composition I • 55,000+ enrollments / year • x $175 textbook • = $9.6+ Million every year
  • 53.
  • 54. Does it make any sense WA State and K-12 Districts together spend $130M/year on textbooks and the results are: • Books are (on average) 7-10 years out of date • Paper only / no digital versions. • Students can’t write / highlight in books • Students can’t keep books at end of year • All rights reserved… teachers can’t
  • 55. massive change By: sookieCC BY
  • 56. U.S. House Appropriations Committee draft FY2012 Labor, Health and Human Services funding bill SEC. 124. None of the funds made available by this Act for the Department of Labor may be used to develop new courses, modules, learning materials, or projects in carrying out education or career job training grant programs unless the Secretary of Labor certifies, after a comprehensive market-based analysis, that such courses, modules, learning materials, or projects are not otherwise available for purchase or licensing in the marketplace or under development for students who require them to participate in such education or career job training grant programs. http://appropriations.house.gov/UploadedFiles/FY_2012_Final_LHHSE.pdf
  • 57. U.S. House Appropriations Committee draft FY2012 Labor, Health and Human Services funding bill SEC. 124. None of the funds made available by this Act for the Department of Labor may be used to develop new courses, modules, learning materials, or projects in carrying out education or career job training grant programs unless the Secretary of Labor certifies, after a comprehensive market-based analysis, that such courses, modules, learning materials, or projects are not otherwise available for purchase or licensing in the marketplace or under development for students who require them to participate in such education or career job training grant programs. http://appropriations.house.gov/UploadedFiles/FY_2012_Final_LHHSE.pdf
  • 58. H.R. 3699 "No Federal agency may adopt, implement, maintain, continue, or otherwise engage in any policy, program, or other activity that -- (1) causes, permits, or authorizes network dissemination of any private-sector research work without the prior consent of the publisher of such work; or (2) requires that any actual or prospective author, or the employer of such an actual or prospective author, assent to network
  • 59. H.R. 3699 "No Federal agency may adopt, implement, maintain, continue, or otherwise engage in any policy, program, or other activity that -- (1) causes, permits, or authorizes network dissemination of any private-sector research work without the prior consent of the publisher of such work; or (2) requires that any actual or prospective author, or the employer of such an actual or prospective author, assent to network
  • 60. But even better, the bill sponsor said: • "As the costs of publishing continue to be driven down by new technology, we will continue to see a growth in open access publishers. • This new and innovative model appears to be the wave of the future. The transition must be collaborative, and must respect copyright law and the principles of open access. • The American people deserve to have access to research for which they havehttp://maloney.house.gov/press-release/issa-maloney-statement-research-works-act
  • 61. “The American people deserve to have access to research for which they have paid.” http://maloney.house.gov/press-release/issa-maloney-statement-research-works-act Public
  • 62. CC BY-NC-ND 046: Rule #2: See Rule #1 By: William Couch http://www.flickr.com/photos/wcouch/226861055
  • 64. • Efficient use of public funds to increase student success and access to quality educational materials. • Everything else (including all existing business models) is secondary. Only ONE thing Matters:
  • 65.
  • 66. the opposite of open isn’t “closed”
  • 67. the opposite of open is “broken” Attribution: John Wilbanks
  • 68. Dr. Cable Green Director of Global Learning cable@creativecommons.org twitter: cgreen

Editor's Notes

  1. Big idea – why are we talking about this?Education / Research Dream is simple: Everyone in the world can attain all the education they desire. It will require we share the educational resources we produce and that we spend our limited public resources wisely.WA K-12 is a common core state – opportunity to share.
  2. And the world needs this dream to come true … and quickly… if we are to meet the global demand for higher / tertiary education.Sir John Daniel, President & DEO of the Commonwealth of Learning notes:What do you think the odds are the world will buildfour major universities (30,000 students) to open every week for the next fifteen years?
  3. This isn’t just my dream. Many have this Dream In 2006, Cathy Casserly and Mike Smith (@ Hewlett Foundation) wrote: “At the heart of the movement towards Open Educational Resources is the simple and powerful idea that the world’s knowledge is a public good and that technology in general and the Worldwide Web in particular provide an opportunity for everyone to share, use, and reuse it.”------------------(Smith, M.S. and Casserly, C.M. 2006. The promise of Open Educational Resources. Change, Vol. 38, No. 5, pp. 8-17)
  4. CC is the law catching up with the way the internet actually works.But think about all the ways the internet has changed in the past ten years. It’s time to think about how CC will evolve.
  5. within the jurisdiction, public and legal lead volunteers help to make the licenses work in their individual countries’ legal systemwe have 70 active affiliate teams with several more in process
  6. Open license is key.Free as in free beer and free as in freedom
  7. We have to help policy leaders understand the affordances of digital things… and how digital courses, textbooks, data, research, science… can be non-rivalrous resources IF educational resources are openly licensed.
  8. But we have a Policy ProblemMost policy makers don’t understand 21st century technical and legal tools and how they collectively enable “the learning machine”. Understanding the opportunity afforded by wielding these tools is key to even understanding that the dream is possible. Without this understanding, policy makers can only make decisions within existing frameworks, within existing business models.Tools:Internetaffordances of digital things: storage, distribution, copieshardware costs downbandwidth speed up mobility upOpen content licensing is 10+ years oldMass willingness to share Taken together these tools collectively enable affordable, high quality, continuously improving, openly licensed educational resources.Case in point: http://utahopentextbooks.org/2011/08/26/the-5-textbook/ : $5.35 textbook (including shipping) – ask David Wiley and CK-12David Wiley’s recent open K-12 textbook study in Utah found– NSD: Simply substituting open textbooks for proprietary textbooks does not impact learning outcomes.http://utahopentextbooks.org/2011/10/12/efficacy-data-are-inMoreover, we are already moving from a print based to a digital based environment. In the digital environment, the technology enables a range of reuses that were not possible in the print based world. Thus, it becomes the copyright license terms of use, and technological protection measures, that hobble the teacher, student, and school district from making the fullest use of the materials. Why should school districts pay for digital materials accompanied by such restrictive terms of use and technological formats?
  9. Clearly, the Internet has empowered us to copy and share with an efficiency never before known or imagined. However, long before the Internet was invented, copyright law began regulating the very activities the Internet makes essentially free (copying and distributing).Consequently, the Internet was born at a severe disadvantage, as preexisting laws discouraged people from realizing the full potential of the network.
  10. The current market is failing because existing publishers are not offering what we’re asking for. We would welcome it if they chose to compete to provide what the new environment demands.
  11. Global GDP comes in at just about $58.3T – World Bank Data (2009)If countries spend roughly 5% of GPD on education = $58.3T x 5% = US $2.9T / year If we can move to a simple open public policy, hundreds of billions of dollars of educational resources will be available under an open license and will be freely available to the public that paid for them.National / state / provincial governments and education systems all play a critical role in setting policies that drive education investments, and have an interest in ensuring that public funding in education make a meaningful, cost-effective contribution to socio-economic development.Given this role, these policy-making entities are ideally positioned to encourage or mandate recipients of public funding to produce educational resources under an open license.
  12. This is why Open Policies are important. If we get this simple idea right, OER sustainability will cease to be an issue because:(a) there will be plenty of public funding to build and maintain all of the teaching, learning and research resources the world needs, and, (b) “open” becomes the default and “closed” becomes the exception. … and the bar for receiving an exception should be high.Wrong frame (today) – how do we sustain that [pilot] project?Right frame – how do we maximize the investments we’re already making (& have already made – sunk costs) on learning resources we need for our students… for our university … our state … our nation?OER becomes the default output of normal work -- so no new money required. It’s part of normal business. Sustaining OER = sustaining the academy.This was our sustainability plan in WA State – we are only going to be selfish and build / maintain what we would have done anyway for WA students. We’re also going to put a CC BY license on everything we build because (a) we believe education is about sharing and (b) good things happen to us when we share: updates, new partners, grant opportunities, translations…The point is that there is a choice between spending X dollars on the old model. Or spending X dollars in a different way. The vision should show how, if you kept X constant, the state would get a much bigger bang for its buck even though it would be enabling free riding from other state that might want to realign their budgets to X – Y. We need to acknowledge and confront this issue head on.There will still need to be ongoing investments … but if we collectively need quality, affordable learning resources that are iteratively improved based on data from assessments … shouldn’t we:(a) demand that we get access to what we, the taxpayers, paid for so we’re not starting from scratch and;(b) share what we build as we have a collective goal of educating more people to higher levels? Are we educators or not?
  13. What about something small – local? Do open policies make sense on a smaller scale?Even one open textbook for a top 100 course makes sense.But WA should (a) ask if anyone else has already done this and openly licensed it (e.g., CK12), (b) alert other states / countries that it is going to make this investment and share.
  14. Challenge: Existing Structures are Difficult to Change  Most educational content business models built on gatekeeping and locking up resources (to make them rivalrous) are challenged by these trends that allow digital resources to be non-rivalrous. Existing business models are starting to fight, and they have money and lobbyists.  
  15. The US House Appropriations Committee released a draft fiscal year 2012 funding bill. Included in this bill is the following provision, which would appear to strip the ability of the DOL to support any further OER investments:Really? No one is allowed to build anything with public funds, with our tax dollars, “…unless the Secretary of Labor certifies, after a comprehensive market-based analysis, that such courses, modules, learning materials, or projects are not otherwise available for purchase or licensing in the marketplace or under development…"?Really?If the American people want to get maximum benefit from their precious public investments, the US Congress would rewrite the budget language to:"SEC. 124. None of the funds made available by this Act for the Department of Labor may be used to purchase proprietary, non-openly licensed new courses, modules, learning materials, or projects in carrying out education or career job training grant programs unless the Secretary of Labor certifies, after a comprehensive Open Educational Resources analysis, that such courses, modules, learning materials, or projects are not otherwise available under an open license that allows free reuse for students who require them to participate in such education or career job training grant programs."Let’s get to the crux of the issue. This is not about duplicating publisher works - this is about we, the tax payers, getting free and legal access to what we paid for... and our students, tax paying citizens, having access to high quality, affordable, openly licensed learning materials.The Department of Labor (DOL) has put forth a simple, rational public policy: Taxpayer-funded educational resources should be open educational resources. Information that is designed, developed and distributed through the generosity of public tax dollars should be accessible to the public that paid for it. If the publishers wish to debate, it will be on this point.What publishers and industry trade associations would do well to recognize is the CC BY license does not restrict commercialization of the open content produced by the DOL grantees. To be clear, the commercial publishers can take ALL of the content created in this DOL grant, modify it, make it better, add value, and sell it. The consumer (states, colleges, students) will then have a choice: (a) use the free openly licensed version(s) or (b) purchase the commercial for-a-fee version. If the commercial content / services are worth paying for, people will pay. If not, they won’t. Releasing information created with public funds should be a public right – not viewed as a disadvantage to commercial interests.How can you tell me I can’t have access to what I paid for – that’s crazy.
  16. Essentially, the bill seeks to prohibit federal agencies from conditioning their grants to require that articles reporting on publicly funded research be made accessible to the public online. Translation and Comments:"If public tax money is used to fund research, that research becomes "private research" once a publisher "adds value" to it by managing the peer review.”Comment: Researchers do the peer review for the publisher for free, just as researchers give their papers to the publisher for free, together with the exclusive right to sell subscriptions to it, on-paper and online, seeking and receiving no fee or royalty in return.
  17. Essentially, the bill seeks to prohibit federal agencies from conditioning their grants to require that articles reporting on publicly funded research be made accessible to the public online. Translation and Comments:"If public tax money is used to fund research, that research becomes "private research" once a publisher "adds value" to it by managing the peer review.”Comment: Researchers do the peer review for the publisher for free, just as researchers give their papers to the publisher for free, together with the exclusive right to sell subscriptions to it, on-paper and online, seeking and receiving no fee or royalty in return.
  18. If we are to fight this nonsense, Open Policy strategy must follow NEW RULES.  Disruptive Innovation Lessons (Clayton Christensen): Never attack existing business models head-on – incumbents typically win because you are playing by their rules rather play by new rules that “the trends” afford – KEY point to remind policy makers – I’ve found this is NOT obvious to people.e.g., Open Course Library – we changed the rules - $30 cap – want to play? We will do this with or without you… would rather partner, but don’t oppose us – we have all the best arguments and the public is on our side.And as Professor Eben Moglen reminds us: when we openly license our work, and leverage the Internet as a free distribution channel, we put the creator / the author, and not the distributor, in control of human knowledge.We make things and we give them away. Here we made this, would you like it? Take some it's freehttp://www.youtube.com/watch?v=tN00_v7gpbo&feature=youtu.be&t=6m45s----------------(1) Choose the most open license (e.g., public domain, CC BY) possible to (a) increase the degrees of freedom for downstream use, (b) increase interperability among licenses = more re-mix opportunities, and (c) reduce concern from existing for-profit businesses.
  19. We have to think bigger and make smarter decisions collectively. Winston Churchill said: “If you have knowledge, let others light their candles with it.”This is the opportunity of our time – we can share, for the marginal cost of 0, give up nothing, and share knowledge with the world. We ought be straight, honest, expose the amount and flow of the $$$, make the open policy argument, and force the opposition to make their best arguments – and be ready to counter quickly.The open community is passionate and powerful if called to action for an important cause. Don’t work alone – share new policies with each otherWe all need to try to implement open policies where we can – some policies will take quicker than others due to local opportunities and challenges.We need to help one another pass open policies (testify, meetings, webinars)we can revise and remix others’ policies and legislationWhat can WE (the global Open community) do to help Governments, Foundations, States / Provinces, Systems, Institutions to adopt open policies?PresentationsInsert open policy into strategic plans – system efficiency plans – education reform plans – government efficiency plans, etc. Every opportunity!Share what their peers have done – no one wants to be left behindProvide draft open policy language, translated, customized for local needs.
  20. Most important, take Policy makers back to first principles…
  21. A closing thought, in the 21st century…
  22. Thank you.