- Apr 2023
I recommend adding this doctoral research article on developing open education practices (OEP) in British Columbia, Canada. The scholarly article is released by Open University, a U.K. higher education institution that promotes open education.
Paskevicius, M. & Irvine, V. (2019). Open Education and Learning Design: Open Pedagogy in Praxis. Open University, 2019(1). DOI: 10.5334/jime.51
A relevant excerpt from the article reveals the study results that show OEP enhances student learning:
"Furthermore, participants reflected on how inviting learners to work in the open increased the level of risk and/or potential reward and thereby motivated greater investment in the work. This was articulated by Patricia who suggested “the stakes might feel higher when someone is creating something that’s going to be open and accessible by a wider community” as well as Alice who stated “students will write differently, you know, if they know it’s not just going to their professor.” The practice of encouraging learners to share their work was perceived by Olivia to “add more value to their work,” by showing learners the work they do at university can “have an audience beyond their professors.”"
Since Unit 4 mentions some CC license infringement cases as examples, I recommend adding a court case from the Netherlands of a photographer suing a website for using their photo without permission or compensation. The name of the court case is below.
The court case ended with the judge awarding the photographer (plaintiff) the following damages (excerpt is from the court case records).
"5.4. orders [defendant] to pay to [plaintiff] against proof of discharge:
€ 450.00 in damages, increased by the statutory interest as referred to in Article 6:119 of the Dutch Civil Code, with effect from 11 June 2021 until the day of full payment,
€ 67.50 in extrajudicial collection costs,
5.5. orders [defendant] to pay the costs of the proceedings on the part of [plaintiff], estimated at € 2,036.30 until the judgment of this judgment, of which € 1,702.00 in salary for the authorized representative."
This case demonstrates the enforceability of the CC license in other countries, such as the Netherlands.
I recommend adding the webpage "Open Access in Australia" on Wikiwand that documents Australia's history for accepting and promoting open access and open publication in its country.
The site contains a timeline that documents key years in which the open movement, open access, open government, and open data concepts were introduced. The year that CC Australia was established is included in the timeline.
Under the "More on Philosophies of Copyright" section, I recommended adding the scholarly article by Chinese scholar Peter K. Yu that explains how Chinese philosophy of Yin-Yang can address the contradictions in effecting or eliminating intellectual property laws. One of the contradictions is in intellectual property laws protecting individual rights while challenging sustainability efforts for future generations (as climate change destroys more natural resources.
Yu, Peter K., Intellectual Property, Asian Philosophy and the Yin-Yang School (November 19, 2015). WIPO Journal, Vol. 7, pp. 1-15, 2015, Texas A&M University School of Law Legal Studies Research Paper No. 16-70, Available at SSRN: https://ssrn.com/abstract=2693420
Below is a short excerpt from the article that details Chinese philosophical thought on IP and sustainability:
"Another area of intellectual property law and policy that has made intergenerational equity questions salient concerns the debates involving intellectual property and sustainable development. Although this mode of development did not garner major international attention until after the 1992 Earth Summit in Rio de Janeiro, the Yin-Yang school of philosophy—which “offers a normative model with balance, harmony, and sustainability as ideals”—provides important insight into sustainable development."
- Yin and Yang
- Journal Article
- School of Thought
- Peter K. Yu
- Sima Qian
- Intellectual Property
- Climate Change
**Recommend Resource: ** Under the "More Information About Other Open Movements" I recommended adding Higashinihon Daishinsai Shashin Hozon Purojekuto, (trans. Great Earthquake of Eastern Japan Photo Archiving Project) which is one of Japan's open government and open data efforts to document all photographs about Japan's 2011 earthquake.
The site currently contains close to 40,000 photographs of the aftermath of the natural disaster.
The photos are hosted by Yahoo! Japan and are published under non-commercial clause for open access to the public.