7b: implementing 'open source' software licences, chair: pia smith president, linux...

7B: Implementing 'Open

Source' Software licences,

Chair: Pia Smith

President, Linux Australia

New models for sharing and trading

intellectual property

Paul Kangro

Solutions Manager,Novell Asia Pacific

Brendan Scott

Principal, Open Source Law

9B: Implementing ‘Open

Content’ licences, including 'Free for Education'

Dennis Macnamara, Business Development Manager AEShareNet

Carol Fripp, General Manager, AEShareNet

Implementing Open Content Licences

Carol Fripp

Dennis Macnamara

Unlocking IP November 2004

Copyright 2004 AEShareNet Ltd

Summary

• Open Content issues for education and training• Digital imperatives for Open Content• Finding and acquiring other people’s resources• Open Content and pay per view• Implementing AEShareNet Licensing options

with permission of RMR Global

Unlocking the Value of IP

IP discipline as key as that for financials

IP as an Asset – must be subjected to the same thoroughness, management and treatment as other assets

Resultant IP

IP, an Aspect of Corporate Governance

• People Management – because IP is generated by people and used by people

• Knowledge Management – because a lot of knowledge is informal and may or may not crystallise as recognisable category of IP

• IT Strategic Planning – because a lot of IP is IT-related; some of the more complex IP issues arise in IT context

• Contract Management – because IP is often created (or improved) in context of a contract (eg, supply contract or joint venture relationship)

• Asset Management – because IP is an asset, albeit intangible; it has a value

• Risk Management – because there are risks to an organisation flowing from its actions, or failure to act, in relation to IP (including risk of lost opportunity)

with permission of P Crisp, AGS, 2003

1. People Assets• Skills

• Knowledge

• creativity

3. Intellectual Assets• Processes

• Information sheets

• Learning resources

2. Physical Assets• Buildings

• Furniture

• Equipment

4. Intellectual Property• Copyright

• Patents

• Trade Marks

Integrating IP management into education and training business

Aspire to• Organisation decides business

plan/course program• Identify required learning resources

and existing shortfall• Assess buy and build options• License in resources from outside• Record all IP information for

developed or licensed materials• License out your products to

others

Get Away from• (Individual trainers )develop

learning resources for current programs

• Review resources once produced

• Investigate who owns the IP/Copyright

• Work out what can be done with the materials in terms of on sales

Copyright “Was” About• Tangible things (books, journal issues, photos, vinyl LPs,

audio-tapes, microfilm, video-tapes, cassettes, diskettes, CD-ROMs, games-cartridges)

• A person bought, rented, borrowed or visited a tangible thing, or gained admission to a location where it was reproduced, performed or played

• The person had no need for a copyright licencebecause the publisher took care of that

• Replication was expensive, required infrastructure

• Copy access was limited to one person or place

with permission of Xamax Consultancy Ltd, 2003

Now About Digital Age Issues

• Digital not physical / Bits not atoms

• Compound objects: ‘multimedia’ plus software

• Copying is intrinsic to transmission

• Copying is performed by the consumer

=> Consumers suddenly need a copyright licence

• Copies for personal use are indistinguishablefrom copies for re-sale, and copies for adaptation

• Copyability and Adaptability are intrinsic

=>

with permission of Xamax Consultancy Ltd, 2003

Operating in a digital world

• IP management issues in a digital environment cf Horse Racing

• Fragmentation of copyright ownership

• Difficulties of discovery

• Cost of copyright transactions

• Digital “outing” and disputes

• Re-inventing of the wheel



What are some learning resource issues?

• Training now going on all over the place• Making the most use of existing resources • Copyright control for effective service provision• Trading & sharing resources locally and globally


Advantages of a licensing approach• Permission to copy and maybe to enhance

• More flexibility in how you use other people’s resources

• Don’t develop from scratch

• Save time and money

• Collaboration

• Get out to students faster

• Providing a diverse learning experience for your students

• The sector as a whole benefits through greater efficiency and better products

The Case for charging for Open Content

• A method of ensuring fairness of the sharing ( eg big and small players)

• A necessity for unlocking some IP ( eg cross industry)

http://www.aesharenet.com.au/


http://www.aesharenet.com.au/ffe

Derivatives

Work

Work

Work

Work

~ ~

~ ~

A Contextualisation (changes are usually too trivial to give rise to anyfresh layer of copyright)

An Enhancement (substantial Changes - new IP arises, but insertions & deletions unusable apart from original Work)

A Supplementary Work (new IPArises – the new subject matter ismeaningful to some extent, withoutthe original Work)

A Compilation (each item has IP, provided substantial – in addition the Compilation attracts IP because of the effort in selecting & arranging)

~


What is AEShareNet?

• A company owned by all the Australian Ministers of Education

• Set up to create a trading marketplace in learning materials

• Operating as a broker in the emerging marketplace


What does AEShareNet provide?

• Discover what is out there, Anyone can play

• Acquire a licence to use and adapt existing resources, Anyone can play

• Make your own resources available securely, members only

• Obtain/give the permissions for use and have assurance of how the resource can/can’t be used


Search – locate – preview - purchase

• Search the database using key words or Advanced searching

• Read the description and licence conditions

• Preview the resource or contact licensor

• Press the button to request a licence


The Model

• 6 trademarked licence ‘protocols’ –

• Standardised legal templates with capacity for variable licence conditions

• Consistent metadata schema

• Consistent data capture capacity through a ‘local’ software package

• Upload to ‘central’ system

• www.aesharenet.com.au




Licence Protocols compared

AEShareNet–S2 years; Australia & NZ only

Enhancements vest in original ownerMay Supply to Third Parties

Licensor registers; Licensee acceptsAEShareNet–UPerpetual, worldwide

Enhanced version vests in LicenseeSome pre-clearance of Moral Rights

May Supply to Third PartiesLicensor registers; Licensee uses

AEShareNet–EPerpetual, worldwide

May not circumvent a TPMEnhancements (if permitted) vest in

original ownerEnd user licence; no Supply RightsLicence Fee / Royalties may apply

Licensor registers product list; Licensee selects items, quantities

AEShareNet–CCustomisable licence conditions

Enhancements (if permitted) vest in original owner

Licence Fee / Royalties may applyLicensor registers; AEShareNet

mediates negotiations

AEShareNet–P1 year, worldwide

Enhancements not permittedMay Supply to Third Parties

Licensor registers; Licensee accepts

AEShareNet–FfEPerpetual, worldwide

Can Use for Education PurposesMay not circumvent a TPM

Enhancements not permittedNo Supply Rights

Licensor applies Mark; Licensee uses


New Licence Protocol

• AEShareNet-FfE:

• The Free for Education mark indicates that material may be freely used for educational purposes. The mark is a trademark of AEShareNet Limited but can be applied by anyone to any material in which they own the copyright provided they agree with the conditions set out in these pages.


• For WebPages• In the copyright notice and/or footer or header of

every page of electronic formats of a document available for download

• In other formats eg CD-ROM• In the copyright notice and/or footer or header of

every page of a printed document.• http://www.aesharenet.com.au/FfE/

http://www.aesharenet.com.au/FfE/






Benefits

• For educational and training bodies no need to write to seek permissions

• For owners no need to keep responding to requests

• Can use the whole not just 10% etc

• It is actually free

with permission Body on line 2004

BACK END PROCESSES

• 3 month ‘clearance’ process

• accounting functionality

• management reports

• centralised administration for accounts

• e-Bank facility


Become a Member

Catalogue resources using software package

Licensee pays AEShareNet- Associates prepay, - Member pays at end of settlement period

Receive licence request from Customer (could be Member or Associate)

Automatic licence acceptance

Negotiate(price/terms). Licence in ‘Under

Negotiation’ status

Create an offer based on negotiations. Licence in ‘Draft’

status

Licence Accepted. If taken out by Member licence is completed,

Associate licences show as ‘Payment Pending’ status until payment is

received by AEShareNet

Associates are ‘non-members’

who self register at the time of transaction.

Licensees and Licensors are notified of any events

in the system by email throughout the process

Licensor provides “copy” of resource on

acceptance by licensee

AEShareNet pays licensor for all transactions collected

in previous period (less 10%)

!

!

Case Studies

• NSW Federation of Housing Associations (sell side)

• Thomson Education Direct ( buy side)

• AHOOT (sell side)

• Deakin Prime ( buy side)

• BBC Publications ( sell side)

• Body Online (sell side)

• TAFESA (both sides)

Issues Arising

• Cataloguing content

• Metadata for easy find

• IP management for future share and trade

• Balance of share and trade

• Readiness for online trading

• Readiness for IP trading marketplace

AEShareNet SUMMARY

• Provides a means to ‘share’ and to ‘trade’

• While ensuring sound legal frameworks for managing IP in training

• Concepts applicable to all industry sectors

LESSONS LEARNT

• Need to increase awareness of IP issues

• Senior management buy-in

• Bringing paper & online processes together

• Resultant IP pricing an undeveloped art

• ‘not invented here’ syndrome still alive

• Education and training moving from cottage industry to e-business models

Final Comments

• There is a lot more to Open Content licensing than just developing the templates

• Business models and transaction platforms are vital

• IP fundamentals are prior knowledge requirements

• It is tricky to be a broker before the exchange is cemented

• www.aesharenet.com.au


Questions/Comments

Find out more at

www.aesharenet.com.au


10B: Implementing 'Creative

Commons' licences

Chair: Carol Fripp

General Manager, AEShareNet

Ian Oi

Special Counsel,Blake Dawson Waldron

New Models For Sharing and

Trading Intellectual Property

7b: implementing 'open source' software licences, chair: pia smith president, linux...

Documents

ip management

aesharenet slide

intellectual property

assets resultant ip

sales slide

ip information

lot of ip

value of ip ip discipline