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

Thu May 7 16:45:37 UTC 2015

Cameron nailed it.

Cable

On Thu, May 7, 2015 at 8:44 AM, Cameron Neylon <cn at cameronneylon.net> wrote:

> 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).
>
> Cheers
>
> Cameron
>
> 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 copyright
>    - 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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-- 

Cable Green, PhD
Director of Global Learning
Creative Commons
@cgreen <http://twitter.com/cgreen>
http://creativecommons.org/education
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