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Open Policy Network


       Dr. Cable Green
 Director of Global Learning
cable@creativecommons.org
           @cgreen
Joi Ito / CC BY
#freebassel
freebassel.org
CC BY   Children Reading Pratham Books and Akshara By Ryan Lobo http://www.flickr.com/photos/prathambooks/3291
“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.                               By: COL
1 ISCED levels 5 & 6 UNESCO Institute of Statistics figures
                                                        http://www.col.org/SiteCollectio
2 British   Council and IDP Australia projections       s/JohnDaniel_2008_3x5.jpg
CC BY-NC-ND   Dreaming Girls Head By: Elfleda http://www.flickr.com/photos/carolinespics/1531
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
Over 500 million items
Culture
Science
Government
Education
More
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?
Rivalrous vs. Non-Rivalrous
Resources




         vs .
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)
$60 trillion
x 5% =
$ 3 trillion
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.
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
You are not alone.
CC BY   massive change By: sookie
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 have
http://maloney.house.gov/press-release/issa-maloney-statement-research-works-act
Public
         “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
046: Rule #2: See Rule #1 By: William Couch
CC BY-NC-ND   http://www.flickr.com/photos/wcouch/226861055
CC BY




By Michael Gwyther-Jones
http://www.flickr.com/photos/12587661@N06/
7906811250/
Only ONE thing Matters:
 • Efficient use of public funds to
   increase student success and
   access to quality educational
   materials.

 • Everything else (including all
   existing business models) is
   secondary.
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 Policy Network: Seeking Community Input

  • 1. Open Policy Network Dr. Cable Green Director of Global Learning cable@creativecommons.org @cgreen
  • 2. Joi Ito / CC BY #freebassel freebassel.org
  • 3. CC BY Children Reading Pratham Books and Akshara By Ryan Lobo http://www.flickr.com/photos/prathambooks/3291
  • 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. By: COL 1 ISCED levels 5 & 6 UNESCO Institute of Statistics figures http://www.col.org/SiteCollectio 2 British Council and IDP Australia projections s/JohnDaniel_2008_3x5.jpg
  • 5. CC BY-NC-ND Dreaming Girls Head By: Elfleda http://www.flickr.com/photos/carolinespics/1531
  • 6.
  • 7. A simple, standardized way to grant copyright permissions to your creative work.
  • 8. Step 1: Choose Conditions Attribution ShareAlike NonCommercial NoDerivatives
  • 9. Step 2: Receive a License
  • 11.
  • 14.
  • 15.
  • 16. Over 77,000 contributors working on over 22 million articles in 285 languages
  • 17. 175+ Million CC Licensed Photos on Flickr 1
  • 19. K-12
  • 21. 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
  • 25. What is the Business / Policy Case for OER?
  • 27. BY SA: By Harvey Barrison http://www.flickr.com/photos/hbarrison/6920142558/
  • 28. 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
  • 29. 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
  • 30. Copy and Distribute are “Free” This changes everything CC BY: David Wiley, BYU
  • 31. 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
  • 32. 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
  • 33. CC BY ND / Delta Initiative / http://tinyurl.com/bw3ztnt
  • 34. 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)
  • 35. $60 trillion x 5% = $ 3 trillion
  • 36. 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
  • 37. CC-BY licensed textbooks for 90 university courses
  • 38. $500 million - Wave 2 ($2 billion over four years)
  • 39. Publicly funded resources should be openly licensed resources.
  • 40. English Composition I • 55,000+ enrollments / year • x $175 textbook •= $9.6+ Million every year
  • 41. English Composition I • 55,000+ enrollments / year • x $175 textbook •= $9.6+ Million every year
  • 42.
  • 43. 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
  • 44. You are not alone.
  • 45. CC BY massive change By: sookie
  • 46. 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
  • 47. 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
  • 48. 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
  • 49. 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
  • 50. 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 have http://maloney.house.gov/press-release/issa-maloney-statement-research-works-act
  • 51. Public “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
  • 52. 046: Rule #2: See Rule #1 By: William Couch CC BY-NC-ND http://www.flickr.com/photos/wcouch/226861055
  • 53. CC BY By Michael Gwyther-Jones http://www.flickr.com/photos/12587661@N06/ 7906811250/
  • 54. Only ONE thing Matters: • Efficient use of public funds to increase student success and access to quality educational materials. • Everything else (including all existing business models) is secondary.
  • 55.
  • 56. the opposite of open isn’t “closed”
  • 57. the opposite of open is “broken” Attribution: John Wilbanks
  • 58. Dr. Cable Green Director of Global Learning cable@creativecommons.org twitter: cgreen

Editor's Notes

  1. As of this week, our friend BasselKhartabil has been in prison in Syria for one year with no charges brought against him. Bassel is a long-time CC volunteer and leader of the CC program in Syria.Bassel’s imprisonment is a reminder that we’re not only working toward a freer Internet; we’re fighting for a freer world.This week, community members are holding gatherings and demonstrations all over the world in honor of Bassel. Find out more at freebassel.org.
  2. 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.
  3. 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?
  4. 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)
  5. within the jurisdiction, public and legal lead volunteers help to make the licenses work in their individual countries’ legal systemwe have 72 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. 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.
  13. Utah: 75k open science textbook in Utah this fall (science is about 25% of all secondary students statewide)10-20k math adoptions likelyWA is part of Achieve OER InstituteMany other states are interested in OER and the Common Core.
  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.