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Open Education: The Business
and
Policy Case for OER
Dr. Cable Green
Director of Global Learning
cable@creativecommons.org
@cgreen
Except where otherwise noted, this work is licensed under:
http://creativecommons.org/licenses/by/3.0
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
http://www.capetowndeclaration.org
By: UNESCO: http://www.moveoneinc.com/blog/wp-
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
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
2
Higher Ed
By: MIT OCW: http://conferences.ocwconsortium.org/2011/cambridge/images/logo-ocwc-
Primary
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
others.
Education grant making
Search & Discovery
Translations & Accessibility
Customization & Affordability
What is the
Business / Policy
Case for OER?
vs.
Rivalrous vs. Non-Rivalrous
Resources
Current research funding cycle does not maximize
dissemination, economic efficiency, social impact
Government RFPs
announced,
research grants
awarded
Scientific research
conducted and
papers written
Articles
submitted to
journals and
peer review
occurs
Acceptance in
journals; authors
transfer copyright
to publishers
Articles published
in mainly closed
access journals
Libraries subscribe
or public pays per
article fee to view
on publisher's
website
Public granted little
or no reuse rights
beyond access to
read articles
Slow scientific
progress, poor
return on public
investment
Optimized research funding cycle maximizes
public access, economic efficiency, social impact
Government RFPs
announced, open
license
requirements
included, research
grants awarded
Scientific research
conducted and
papers written
Acceptance in
journals; public
access policy
ensures deposit in
open repository
Articles published
in traditional
journals under
embargo
Public can
download articles
from open access
repository
Public granted full
reuse rights under
open licenses
Accelerated
scientific progress,
optimal return on
public investment
Articles
submitted to
journals and
peer review
occurs
Current educational resource funding cycle does not
maximize dissemination, economic efficiency, social impact
Government RFPs
announced,
education grants
awarded
Educational
resources
produced
Peer
review
limited to
grantee's
institution
Copyright with
grantee, no
obligation to share
Content only used
at grantee
institution
Public does not
know about
education
resources
Public granted little
or no reuse rights
Slowed learning,
poor return on
public investment
Optimized educational resource funding cycle maximizes
public access, economic efficiency, social impact
Government RFPs
announced, open
license
requirements
included,
education grants
awarded
Educational
resources
produced
Peer
review
broadene
d to
education
communit
y
Copyright vests
with grantee, all
resources openly
licensed
Content used by
grantee and
beyond
Public knows
about education
resources
Public granted full
reuse rights
Accelerated
learning, maximum
return on public
investment
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)
Partner with Governments
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 110 university courses
$500 million – Round 2
($2 billion over four years)
“as a condition of the receipt of a TAACCCT
grant, the grantee will be required to license to
the public (not including the Federal
Government) all work created with the support
of the grant (Work) under a Creative Commons
Attribution 3.0 (CC BY) license. Work that
must be licensed under the CCBY includes
both new content created with the grant funds
and modifications made to pre-existing,
grantee-owned content using grant funds.”
SGA, Round 2 (p. 8 / Section I.D.5 )
White House issues directive supporting
public access to publicly funded research
Publicly funded
resources should be
openly licensed
resources.
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
http://opencourselibrary.org
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
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 Scotland Keynote - Cable Green

  • 1. Open Education: The Business and Policy Case for OER Dr. Cable Green Director of Global Learning cable@creativecommons.org @cgreen
  • 2. Except where otherwise noted, this work is licensed under: http://creativecommons.org/licenses/by/3.0
  • 3. Children Reading Pratham Books and Akshara By Ryan Lobo http://www.flickr.com/photos/prathambooks/3291CC BY
  • 4. “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
  • 5. Dreaming Girls Head By: Elfleda http://www.flickr.com/photos/carolinespics/1531CC BY-NC-ND
  • 8.
  • 9. A simple, standardized way to grant copyright permissions to your creative work.
  • 10. Step 1: Choose Conditions Attribution ShareAlike NonCommercial NoDerivatives
  • 11. Step 2: Receive a License
  • 13.
  • 14.
  • 17.
  • 18. 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.
  • 19.
  • 20. Over 77,000 contributors working on over 22 million articles in 285 languages
  • 21. 175+ Million CC Licensed Photos on Flickr 2
  • 23. By: MIT OCW: http://conferences.ocwconsortium.org/2011/cambridge/images/logo-ocwc-
  • 26. 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 others.
  • 31. What is the Business / Policy Case for OER?
  • 33. Current research funding cycle does not maximize dissemination, economic efficiency, social impact Government RFPs announced, research grants awarded Scientific research conducted and papers written Articles submitted to journals and peer review occurs Acceptance in journals; authors transfer copyright to publishers Articles published in mainly closed access journals Libraries subscribe or public pays per article fee to view on publisher's website Public granted little or no reuse rights beyond access to read articles Slow scientific progress, poor return on public investment
  • 34. Optimized research funding cycle maximizes public access, economic efficiency, social impact Government RFPs announced, open license requirements included, research grants awarded Scientific research conducted and papers written Acceptance in journals; public access policy ensures deposit in open repository Articles published in traditional journals under embargo Public can download articles from open access repository Public granted full reuse rights under open licenses Accelerated scientific progress, optimal return on public investment Articles submitted to journals and peer review occurs
  • 35. Current educational resource funding cycle does not maximize dissemination, economic efficiency, social impact Government RFPs announced, education grants awarded Educational resources produced Peer review limited to grantee's institution Copyright with grantee, no obligation to share Content only used at grantee institution Public does not know about education resources Public granted little or no reuse rights Slowed learning, poor return on public investment
  • 36. Optimized educational resource funding cycle maximizes public access, economic efficiency, social impact Government RFPs announced, open license requirements included, education grants awarded Educational resources produced Peer review broadene d to education communit y Copyright vests with grantee, all resources openly licensed Content used by grantee and beyond Public knows about education resources Public granted full reuse rights Accelerated learning, maximum return on public investment
  • 37. BY SA: By Harvey Barrison http://www.flickr.com/photos/hbarrison/6920142558/
  • 38. 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
  • 39. 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
  • 40. Copy and Distribute are “Free” This changes everything CC BY: David Wiley, BYU
  • 41. 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
  • 42. 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
  • 43. CC BY ND / Delta Initiative / http://tinyurl.com/bw3ztnt
  • 44. 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)
  • 45. Partner with Governments 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
  • 46. CC-BY licensed textbooks for 110 university courses
  • 47. $500 million – Round 2 ($2 billion over four years)
  • 48. “as a condition of the receipt of a TAACCCT grant, the grantee will be required to license to the public (not including the Federal Government) all work created with the support of the grant (Work) under a Creative Commons Attribution 3.0 (CC BY) license. Work that must be licensed under the CCBY includes both new content created with the grant funds and modifications made to pre-existing, grantee-owned content using grant funds.” SGA, Round 2 (p. 8 / Section I.D.5 )
  • 49.
  • 50.
  • 51. White House issues directive supporting public access to publicly funded research
  • 52. Publicly funded resources should be openly licensed resources.
  • 53. English Composition I • 55,000+ enrollments / year • x $175 textbook • = $9.6+ Million every year
  • 54. English Composition I • 55,000+ enrollments / year • x $175 textbook • = $9.6+ Million every year
  • 56. 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
  • 57. massive change By: sookieCC BY
  • 58. 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
  • 59. 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
  • 60. CC BY-NC-ND 046: Rule #2: See Rule #1 By: William Couch http://www.flickr.com/photos/wcouch/226861055
  • 62. • 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:
  • 63.
  • 64. the opposite of open isn’t “closed”
  • 65. the opposite of open is “broken” Attribution: John Wilbanks
  • 66. Dr. Cable Green Director of Global Learning cable@creativecommons.org twitter: cgreen

Notas del editor

  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. The next year, there was a meeting in Cape Town, South Africa.TheCape Town Declaration begins:We are on the cusp of a global revolution in teaching and learning. Educators worldwide are developing a vast pool of educational resources on the Internet, open and free for all to use. These educators are creating a world where each and every person on earth can access and contribute to the sum of all human knowledge.
  5. Sharing educational resources is a global movement.In 2002 UNESCOparticipants expressed “their wish to develop together a universal educational resource available for the whole of humanity”10 years later = 195 nations – debated and signed the Paris OER Declaration – moving the World’s nations toward open policies and support for OER.
  6. 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.
  7. within the jurisdiction, public and legal lead volunteers help to make the licenses work in their individual countries’ legal systemwe have 74 active affiliate teams with several more in process
  8. 10 years ago, MIT opened all of its courses to the world… hundreds of other Universities have followed.And it’s not just Universities.WA Community Colleges are part of the OPEN project – they will tell you how and why they put their entire general education curriculum online, under a CC BY license.The call it the “Open Course Library.”
  9. Open license is key.Free as in free beer and free as in freedom
  10. 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.
  11. 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?
  12. 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.
  13. 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.
  14. In order to ensure that the Federal investment of these funds has as broad an impact as possible and to encourage innovation in the development of new learning materials….
  15. 2010:In 2010, the UK opened up its data to be interoperable with the CC BY license. Data.gov.uk is “an online point of access for government-held non-personal data.” This step expresses the UK’s commitment to opening its data, as they work towards a Creative Commons model that is more open than their former Click-Use Licenses.
  16. The mission of the Wellcome Trust is to support the brightest minds in biomedical research and the medical humanities. The main output of this research is new ideas and knowledge, which the Trust expects its researchers to publish in high-quality, peer-reviewed journals. The Wellcome Trust believes that maximising the distribution of these papers - by providing free, online access - is the most effective way of ensuring that the research we fund can be accessed, read and built upon. In turn, this will foster a richer research culture. The Wellcome Trust therefore supports unrestricted access to the published output of research as a fundamental part of its charitable mission and a public benefit to be encouraged wherever possible. Specifically, the Wellcome Trust: expects authors of research papers to maximise the opportunities to make their results available for free*requires electronic copies of any research papers that have been accepted for publication in a peer-reviewed journal, and are supported in whole or in part by Wellcome Trust funding, to be made available through PubMed Central (PMC) and Europe PubMed Central (Europe PMC) as soon as possible and in any event within six months of the journal publisher's official date of final publication will provide grantholders with additional funding, through their institutions, to cover open access charges, where appropriate, in order to meet the Trust's requirementsencourages - and where it pays an open access fee, requires - authors and publishers to licence research papers using the Creative Commons Attribution licence (CC-BY)** so they may be freely copied and re-used (for example, for text- and data-mining purposes or creating a translation), provided that such uses are fully attributed.affirms the principle that it is the intrinsic merit of the work, and not the title of the journal in which an author's work is published, that should be considered in making funding decisions. http://www.wellcome.ac.uk/About-us/Policy/Policy-and-position-statements/WTD002766.htm
  17. White House Public Access Policypolicy introduced Feb 22, 2013allowable embargo 12 months19 federal agenciesagencies must coordinate and have plans in place by Aug 22, 2013Effortto return scholarly publishing to its original purpose: to spread knowledge and allow that knowledge to be built upon.John Holdren, Director of the Office of Science and Technology Policy, “has directed Federal agencies with more than $100M in R&D expenditures to develop plans to make the published results of federally funded research freely available to the public within one year of publication and requiring researchers to better account for and manage the digital data resulting from federally funded scientific research.”---------------Open Access FASTRlegislation introduced Feb 14, 2013public access to publicly funded research after allowable 6 month embargofederal agencies with extramural research over $100M/yearState levelCaliforniapassed Assembly, now debated in Senate12 month embargoIllinoisNew YorkOERnew U.S. GAO report shows textbooks becoming increasingly expensive (textbook costs to students at higher education institutions are rising 6% per year on average, and have risen 82% over the last decade). Openly licensed textbooks can be a piece of the solution. California Senate Bill 520 - http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB520This bill would establish the California Online Student Access Incentive Grant program. The bill would require the online courses supported by incentive grant funds to be placed in the California Virtual Campus. Online courses means educational materials that been released with an intellectual property license that permits their free use or repurposing by others. Open DataObama Executive Order on Open DataProject Open DataOpen licenses (aligned with Open Knowledge Definition) may be used by agencies for data outside of that in public domain under Section 105
  18. 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.
  19. 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.  
  20. 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.
  21. 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.
  22. 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.
  23. Most important, take Policy makers back to first principles…
  24. A closing thought, in the 21st century…
  25. Thank you.