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Advocating Openness

Wednesday, December 9th, 2009

In a few months I’ll be completing a three year fellowship at the Shuttleworth Foundation. What has it all been about?

Some three years ago pioneers of social innovation in South Africa, excited about access to knowledge, openness and the knowledge commons were struggling with the default setting of closed in policies, laws and minds. People seeking to radically change education, scholarly communication, innovation, publishing and standards in South Africa encountered Intellectual Property law as an obstruction. Intellectual Property law is complex, technical and in many cases unclear. Laws are blunt instruments, Intellectual Property laws are among the bluntest, but the effects on positive social change are often diffuse.  Terms like “Intellectual Property” and “Access to Knowledge” can seem abstract. But the issue is simple, often brutally simple. How do we get books in the hands of kids so that they can learn, data to scientists so that they can cure diseases, and knowledge to entrepreneurs so that they can create new products? How can engineers, teachers, techies and social entrepreneurs navigate around the obstruction?

Presciently Helen Turvey hired me not only to help open projects as they grappled with intellectual property issues but also to identify the major systematic challenges to open presented by intellectual property law and opportunities to change it. I became, in the words of my good friend Philipp Schmidt “chief counsel for the open movement in South Africa”.

The team at the Shuttleworth Foundation reckon that good change happens faster if we can first change default settings of closed to open. Often the default is set by to closed by intellectual property; law but also by intellectual property policy and practises.

During the first two years we learned that if we were familiar with the shape of problems, and the solutions which had been tried that we were prepared, so that when conditions changed and presented an opportunity we could act quickly. We learned to take advantage of existing processes for policy advocacy, as well as devising longer processes for systemic change. We acted as a resource to others so that they could move faster and challenge the barriers in their own spheres.

After nearly three years the social innovation space in South Africa is moving towards openness. Although I haven’t achieved all that I’d liked to in the time, thanks to the support of colleagues, the Shuttleworth Foundation, and our partners we’ve given shape to desirable reforms, mapped major obstacles, neutralised some dangers and helped a lot of projects. There are now many more people working in this space who know how to navigate around the hazards of Intellectual Property.

Sharing ideas and experiences was always central to my work but during 2009 I concentrated on turning our previous efforts, and learnings into resources that others can use in the future. This has resulted in two initiatives: Copyright for Educators, and an analysis of access to knowledge efforts in South Africa.

Copyright for Educators is an open, scenario based, course which incorporates many of the lessons we’ve learned from grappling with copyright issues in learning environments. Copyright for Educators was one of the anchor course of the Peer to Peer University pilot. One of the participants was able to get credit for the course as independent study in his Instructional Technology PhD. His assessment of the first iteration of the course was: “for a first pass, I felt the organization of the Copyright for Educators course was very good. The content was interesting and to the point.”

The most challenging issue which the course deals with is the inclusion of copyright works used under exceptions, like fair use, in materials that are under open licences. For example someone might use a photograph under an educational exception in an instruction module that is under a Creative Commons licence. I first raised this issue in a Shuttleworth Foundation issue paper, which subsequently became a chapter in a book: Implementing the World Intellectual Property Agenda (available for free download). The issue has been taken up by ccLearn, the people at Creative Commons focused on open education, who’ve developed a report “Otherwise Open” and recommendations for educators.

There have been a wide range of approaches to increasing access to knowledge in South Africa, but no single record of the different approaches. During 2009 I was able to organise many of the activists, scholars and entrepreneurs to contribute to research on the different approaches and projects, and to have it published as part of the Yale Access to Knowledge Research Series. It examines the battle for open standards, the Foundation’s intervention into the Pearson publishing mergers, the Free High School Science Texts project, and the work of partner projects such the African Copyright and Access to Knowledge project, and the Opening Scholarship project at the University of Cape Town.

I had the opportunity to contribute a great deal to the Foundation’s Open Resources policy. The policy and the thinking behind it were featured as cutting edge in a report by the Berkman Center for Internet and Society; An Evaluation of Private Foundation Copyright Licensing, Policies, Practices and Opportunities.

South Africa still has a long way to go towards an open knowledge society, the kind of society in which networks of links, code and content are open at every level. But there is now movement towards open as a default setting. There is growing agreement that access to knowledge is a basic issue, important to everyone.

New leadership at Creative Commons South Africa

Tuesday, June 30th, 2009

Creative Commons South Africa (CC Za) is now hosted at Intellectual Property Law Research, at the Department of Private Law at the University of Cape Town Law School. Tobias Schonwetter, a post doctoral fellow at Intellectual Property Law Research, has taken over as legal lead from yours truly. Tobias will join public lead Dave Duarte, in steering the project.

Expect exciting developments soon, a new website (already in beta) and a new version (CC Za 3.0) of the licences. Its a great experience for me to watch something which I have helped create grow as new people take it on. Since this is my blog I am going to indulge in a little retrospective on the history of CC Za up to this point.

At the iLaw conference in 2003 Lawrence Lessig suggested to me that we talk about Creative Commons.

It was foggy the day when we met for lunch in West Portal so I guess that it must have still been summer in San Francisco. In a little neighbourhood place that served great corned beef sandwiches, Larry asked me to head up the legal side of things and suggested that I meet Heather Ford, who was on a Reuters Digital Fellowship at Stanford University at the time. It was another grey day when Heather and I met for coffee in the canteen at Stanford Law School, little knowing where that conversation would take us.

Those two conversations resulted in great opportunities for me, leading the porting process for the South African licences, the launch of the first Creative Commons licences in Africa (CC Za 2.0), involvement in the Commons Sense Project, a drafting a second iteration of the licences (CC Za 2.5) and helping organise the translation of the Commons Deed into Afrikaans, SeSotho and isiZulu. I’ve had a chance to share with many people the fantastic opportunities for education, business and development provided by open licensing infrastructure. I have been able to advise musicians, publishers, and educators about using Creative Commons licences. I’ve seen the incredible creativity and innovation unleashed by sharing using CC licences.

With Heather as public lead, and myself as legal lead, CC Za was based at the LINK Centre at the University of the Witwatersrand, Johannesburg. The support of Alison Gilwald (then at LINK, now at the EDGE Institute) and Luci Abrahams, Director of LINK was invaluable and I’ll be forever grateful to them for believing in us.

I’ve watched Heather start a dynamic social movement, had the privilege of partnering with Heather and Kerryn McKay to create a non-profit organisation, African Commons Project, and have been impressed by the diversity of ways that South Africans have led in the Creative Commons world.

Creative Commons is a great way to meet interesting people. Working with CC ZA was how I’ve met many people who I work closely with today. Adam Haupt of UCT Film and Media, who got it right away, Eve Gray who still amazes me by grasping the social implications of new media much faster than people thirty years younger than her and Bob Joliffe who argued with me at the licence launch that the ‘universal’ CC licences weren’t legitimate because they were based on US law. (Bob we tried to avoid undue reliance on US law with the South African licences, the movement has finally caught up with the 3.0 licences being based on international copyright treaties). There are so many others including Phillip Schmidt who still argues with me, about everything and Kerryn McKay and Daniela White who have taken on the leadership of the African Commons Project.

That there are so many people in South Africa doing cool commons stuff is very much due to the vision and energy of Heather Ford. Thanks to Heather there are not one but two organisations based in South Africa working for the digital commons. The African Commons Project is tackling a wide range of issues which affect the digital commons in Africa; broadband policy, heritage and digitisation and fighting for publicly financed research to be available to the public. CC Za is focused on the licences, and igniting the commons creativity of South Africans. The African Commons Project and CC Za are already making plans about working together.

Heather I’ll be following your blog with interest as you return to the Bay Area for UC Berkeley’s iSchool MiMS program.

I am looking forward to the next stage of growth for CC Za under Dave and Tobby’s leadership. I am also looking forward to finally having the time to write down the tacit knowledge I have accumulated over the years about using Creative Commons licences strategically.