[Open-education] [open-policy-network] Open licensing vs Exceptions/Limitations

Cameron Neylon cn at cameronneylon.net
Thu May 7 15:44:46 UTC 2015

The simplest argument is that Open Licensing aims to provide global 
consistency and maximise the reach of your work. For a user outside of 
Chile they are likely to be unaware of, or not confident in their 
understanding of, the specific exceptions and limitation in Chilean Law (I 
for instance couldn’t give any sensible summary). 

If the object is to ensure that Chilean scholarship is part of a global 
network of interoperable knowledge and resources then the best way to 
achieve that, at least as far as permissions are concerned is through 
making it legally interoperable with the largest existing network of 
resources that have a common permissions framework. And that is Creative 
Commons for creative resources and OSI/FSF approved licenses for software.

This argument is obviously one based on global benefits and reach. So 
whether it works depends on the relative balance of the local politics as 
to whether the global reach argument or local benefit is seen as most 
important. Again, I don’t know the state of copyright law across Latin 
America but I would imagine that there is at least an argument to be made 
that ensuring compatibility in the region is of value, and rather than 
seek regional harmonisation of copyright law and exemptions (which is 
hard), it would be easier for the region to settle on common open 
licensing strategies (which is relatively easy to implement).



From:  Werner Westermann
Date:  Wednesday, 6 May 2015 16:48
To:  "open-policy-network at googlegroups.com", "sparc-liboer at arl.org", 
"internationaloeradvocacy at googlegroups.com", 
"open-education at lists.okfn.org"
Subject:  [open-policy-network] Open licensing vs Exceptions/Limitations

Dear all, regards from Santiago.

Working around a (open) licensing policy for my institution, the Library 
of National Congress of Chile, I am being confronted to the following 
issue:  why should I have a open licensing policy of my content if we have 
a pool of exceptions and limitations in our IP law?  Indeed, the last 
reform to IP law in Chile recognized a pretty wide range of exceptions and 
limitations (http://www.leychile.cl/Navegar?idNorma=28933).

My answer has been:
its better to have an instrument that explicits the possible uses, instead 
of interpreting what can or cannot be understood as a limitations to 
the limitations is sort of a catalogue of specific situations, so they 
might be situations not considered in that catalogue, and specially in a 
future perspective, we cannot see yet unpredicted or unexpected situations 
that cannot apply to that catalogue
Surely you have more and better arguments to strengthen the need for a 
open licensing policy.  Suggestions or comments?  Thanks for your time,

Werner Westermann

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