[A2k] Sao Paulo city adopts OER law

Kim Tucker kctucker at gmail.com
Tue Oct 4 01:39:55 PDT 2011

Hi all,

Maybe a step forward (from 'copyright all rights reserved') but
disappointing that the NC clause is included. Brazil has been
inspirational in the past wrt free culture and software libre. Freedom
should be valued more than such "openness" (imo):

e.g. freedom for anyone in society (incl. e.g. educators, learners,
parents and even commercial training companies) to participate in
translating, adapting, improving and sharing/distributing learning

Yes, cc-by would have been better, though cc-by-sa (the 'pro-freedom
license') better still (imo) as those wanting to make a living by
sharing knowledge would also be required to share their improvements
without restricting freedom.
i.e. they too would be participants in the continuous improvement
cycle of developing and sharing libre/open learning resources.
We educate people to become effective participants in society (sharing
knowledge is a good way to contribute).

For more on the rationale behind libre learning resources (which
include those licensed cc-by and cc-by-sa) see:



PS You probably know this, but for the benefit of any newbies who may
have just subscribed, a few notes:

By including the NC clause, they will not be able to freely exchange
and build on great learning resources on sites like Wikipedia,
WikiEducator, Wikiversity, LeMill, ....

With cc-by sites such as Connexions, they would be able to incorporate
resources but not share the improvements back to Connexions (etc.).

Defining 'non-commercial' use is problematical. See the opening and
closing statements of 'opencontent' (pro) in this debate:

cc-by-sa includes the same freedoms as cc-by except the freedom to
restrict the freedom of others.

The purpose of the NC clause is to enable authors to protect their
monopoly on making money with the resources. This is useful for those
making a living by developing learning resources who need to make
returns on their investments in development time. (not applicable to
Brazil's public sector).


On 4 October 2011 00:06, Carolina Rossini <carolina.rossini at gmail.com> wrote:
> Hi all!
> Great news on OER-Brazil this week !
> Here it is (in Portuguese), the Decree published by Sao Paulo city
> http://rea.net.br/2011/10/03/decreto-sobre-rea-em-vigor-em-sao-paulo/
> It says that all the educational resources bought by the city need to be OER
> (CC-BY-NC-SA...) (we've recommended CC-BY,  or max... CC-BY-NC, due to the
> limited interoperability of CC-BY-NC-SA.... but that was a political
> decision)
> It also regulates the administration contracts, saying they shall bring a
> clause allowing all resources to be published under a open license.
> And here the oficial press-release from the Secretary:  (portuguese)
> http://portalsme.prefeitura.sp.gov.br/anonimosistema/detalhe.aspx?List=Lists/Home&IDMateria=910&KeyField=Arquivo%20de%20Not%C3%ADcias
> I will soon post more...there is more to come this week! :-)
> Best,
> Carol
> --
> *Carolina Rossini*
> Coordinator: OER-Brazil/REA-Brasil
> www.rea.net.br
> + 1 6176979389
> *carolina.rossini at gmail.com*
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