Couldn't I set up a MOOC platform with a non-profit company (MOOCPlat Ltd, eg as a not-for-profit company limited by guarantee) and a commercial assessment company MOOCass Ltd, and then offer OERs through MOOCplat in a non-discriminatory way for free-in-exchange-for-registration, then commercially sell assessment related to the course through MOOCass?
Notwithstanding a lack of case law, I'm sure the lawyers could figure out a CC license accommodating equivalent of a double Irish with a Dutch sandwich?
________________________________________
Tony Hirst
Personal blog: blog.ouseful.info
Tel/SMS: +44 (0) 1908 652789
Lecturer in Telematics
Dept of Communication and Systems
The Open University
Milton Keynes, MK7 6AA, UK
________________________________________
From: Jason Miles-Campbell [[log in to unmask]]
Sent: Tuesday, July 23, 2013 5:13 PM
To: [log in to unmask]
Subject: Re: Use of CC NC licences within UK F/HE - can we reach consensus?
Charitable status certainly doesn't guarantee "non-commercial", however. For example, an organisation might raise a surplus through commercial trade in order to fulfil charitable purposes - Oxfam shops, perhaps?
Cheers,
Jason
Jason Miles-Campbell | Manager | Jisc Legal | T 0141 548 2889 | E [log in to unmask]<mailto:[log in to unmask]>
Jisc Legal, a Jisc Advance service, is hosted by the University of Strathclyde, a charitable body, registered in Scotland, with registration number SC015263
> -----Original Message-----
> From: Open Educational Resources [mailto:[log in to unmask]]
> On Behalf Of Lorna Campbell
> Sent: 23 July 2013 17:08
> To: [log in to unmask]
> Subject: Re: Use of CC NC licences within UK F/HE - can we reach consensus?
>
> Hi Tony,
>
> That's an interesting point regarding universities charitable status. Is that not
> changing though?
>
> Cheers
> Lorna
>
> On 23 Jul 2013, at 16:54, T.Coughlan wrote:
>
> Hi Nick,
> "We're still public sector of course" - but as most UK universities are charities,
> isn't there an equal argument for saying we're third sector?
>
> Charitable status and NC seem to me to be happy bedfellows. We play by the
> rules of charitable status (more or less), so why shouldn't NC be included as
> part of the package?
>
> Lorna - yes, it's a good idea to air these issues!
>
> Tony
>
>
> -----Original Message-----
> From: Sheppard, Nick [mailto:[log in to unmask]]
> Sent: 23 July 2013 16:42
> To: [log in to unmask]<mailto:[log in to unmask]>
> Subject: Re: Use of CC NC licences within UK F/HE - can we reach consensus?
>
> I think many folk in HE have a knee jerk reaction to NC and become
> apoplectic at the thought of the grubby commercial sector using our OER for
> commercial gain! (We're still public sector of course :-!)
>
> I probably shared that view myself not so long ago but would now argue for
> the lowest barrier licensing possible.
>
> I'm not sure I'm clever or politically literate enough to think through the
> implications but I've have similarly lively discussions on twitter around the
> neo-liberal agenda that has contributed to normalising CC-BY for research
> such that it can be mandated by RCUK (to much teeth gnashing of course.)
>
> Nick
>
>
>
> -----Original Message-----
> From: Open Educational Resources [mailto:[log in to unmask]]
> On Behalf Of Lorna Campbell
> Sent: 23 July 2013 16:29
> To: [log in to unmask]<mailto:[log in to unmask]>
> Subject: Use of CC NC licences within UK F/HE - can we reach consensus?
>
> Hi there,
>
> Earlier today there was a short but lively discussion on twitter about the pros,
> cons and ambiguities of using the CC NC licence in academic contexts. I'm
> sure many of your will be aware of the complex issues that this raises,
> particularly with regard to whether or not education is regarded as a
> commercial activity. If anything, these issues have become more pressing
> with the advent of commercial MOOC providers such as FutureLearn. Trying
> to define "commercial" "non-commercial" and even "education" in global
> terms is a difficult task if not impossible task, however our twitter discussion
> this morning led David Kernohan to ask if it might be possible to define what
> these terms mean within the context of our own community, i.e. UK F/HE.
> So what do you think, is there any mileage in trying to agree how and in what
> context the CC NC licence can be used appropriately within UK Higher and
> Further Education? What are the chances of us being able to reach a
> consensus? Would it be useful just to air the issues? Let us know what you
> think!
>
> Cheers
> Lorna
>
> --
> Lorna M. Campbell
> CETIS Assistant Director
> Email:
> l<mailto:[log in to unmask]>[log in to unmask]<mailto:orna.m.ca<mailto:[log in to unmask]:[log in to unmask]>
> [log in to unmask]<mailto:[log in to unmask]:[log in to unmask]>>
> Skype: lorna120768
>
>
> To view the terms under which this email is distributed, please go to
> http://disclaimer.leedsmet.ac.uk/email.htm
> -- The Open University is incorporated by Royal Charter (RC 000391), an
> exempt charity in England & Wales and a charity registered in Scotland (SC
> 038302).
>
> --
> Lorna M. Campbell
> JISC CETIS Assistant Director
> University of Strathclyde
> Glasgow
> Email: [log in to unmask]<mailto:[log in to unmask]<mailto:[log in to unmask]:[log in to unmask]>>
> Phone: +44141 548 3072
> Skype: lorna120768
>
> The University of Strathclyde is a charitable body, registered in Scotland,
> number SC015263.
-- The Open University is incorporated by Royal Charter (RC 000391), an exempt charity in England & Wales and a charity registered in Scotland (SC 038302).
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