More on Licensing MOOCs

After reading yesterday's post about MOOCs, a colleague asked me why I preferred BY-SA licensing to BY-NC-SA licensing. Now that looks like a technical question about lawyerly alphabet soup, but it is actually a basic question about what HarvardX is trying to accomplish. The faculty should be discussing the nature of the HarvardX intellectual property policy, and if we don't, we'll have another explosion like the one that happened this year when Harvard unwisely sent around detailed proposed revisions to its IP policies and then had to pull them back for reconsideration after a faculty explosion. To begin with, we need some consensus on what we are trying to accomplish with HarvardX and with our membership in EdX. I think it is fair to assume that among our goals are (1) to extend our educational reach, that is, to spread learning to more of the world; and (2) to cover our costs and to make a profit that can be used to support our traditional educational, research, and scholarly functions. Harvard has articulated other goals, such as to develop tools, and data on teaching and learning that can improve undergraduate education, but I want to focus on the first two, which I don't think are in any way inconsistent with the others. Now I am not sure some professors even realize that (2) is a goal. Some professors are diffident about any talk of "business models" and so on, but also bemoan the budgetary cutbacks they have experienced to their educational and scholarly efforts. HarvardX presents a potential new revenue source. Of course there are alternatives. Maybe some alum would want to pay the full cost of HarvardX and we would not have to worry about receiving revenues from it. Maybe Harvard could save some money elsewhere and use it to pay for HarvardX. Realistically, I think it makes more sense to try to get HarvardX to pay for itself and more, but that is an assumption. After all, Harvard could in theory decide that undergraduate tuitions should subsidize HarvardX in the long run, and not the other way around. So while I want to mark (2) as an explicit assumption which has not been explicitly stated as far as I know, I hope it will not be controversial. And of course precisely what policies might work the best to achieve both goals (1) and (2) also depend on how big a profit, per (2), Harvard wants to generate from HarvardX. It's very unclear, to me at least, whether more revenue would come from trying to get a little bit of money from a lot of people or a lot of money from a few people. That is not the only consideration; the latter would, of course, be in tension with goal (1). Tradeoffs everywhere, and doubtless different MOOC providers are going to be experimenting with different approaches. Now to the question of Creative Commons licenses. A BY-SA license lets other parties use the materials as long as they are attributed to the creator (Harvard in the case of a MOOC) and as long as the derivative materials carry exactly the same BY-SA license. This assures proper credit is given where it is due, and encourages others to add to the "creative commons," the wealth of publicly available raw materials that others can use to construct other creative works. Now relaxing copyright in this way, it may be argued, carries some risks. Some professors might lose their jobs, the fear voiced by the philosophers at San Jose State University. That is an interesting moral question related to the frictionless information universe, about which I would love to hear Professor Sandel expound a bit more. But that is not today's topic. Once we make our materials openly available, someone could do something with our creation that we don't like, and we would have surrendered our right of disapproval. True, that is part of the loss of control that comes with greater openness. But even without surrendering any of our copyrights, we are not immune against fair use by others, including harsh criticism and parody. Movie and book reviewers do not need studio or author permission to quote from a work in the process of ridiculing it. We should have enough confidence in the quality of our works to think that they will be used more for good than for harm if we relax control of them. Another objection is that someone else might make money from some derivative of our works. That may be seen as somehow morally offensive: if anybody is going to make money from our works, goes our instinct, it should be us. That objection is addressed by a separate Creative Commons license, BY-NC-SA, that adds the following "noncommercial" clause: