We're all familiar with the story of King Solomon and the two women who both claimed a baby to be theirs. His solution was to threaten to kill the child, cutting it in half, because the real mother would give up anything, even her parental rights, to see her child safe. An interesting solution to the problem, but what if Solomon had been able to clone the child instead?
The reason I ask this is because I was reading the Blue Skunk Blog where Doug Johnson used this story to illustrate the problem - and possible solution - to IP ownership, schools, and teachers. He claims that teachers are increasingly using Moodle units that they create instead of textbooks. Supposing that this is true (and I don't see why not - my brief exploration of Moodle.net found some very interesting teaching tools), it raises the question of who owns the Moodle material.
According to Doug's research, at the K-12 level, current policies tend to assign IP ownership to the schools, presuming that the materials were made on school time and with school materials, but at the collegiate level, most policies assign the IP to the teacher. Now how is either of these situations fair? The school is paying for the teacher's time, so they should benefit from the products of that time, but the teacher actually made the IP, so they should benefit as well.
A brief tangent: this issue of IP fairness actually hits fairly close to home for me. Family lore says that one of my great uncles invented several of the things that allow airplanes to fly as high as they do - including the pressurized cabin. We should be rich, right? Well no - Uncle Nathan invented these things during work time, so his employer holds the patents - and the courts upheld their claim to the royalties.
Back on topic: What Doug proposes in his Blue Skunk Blog is that, rather than maintain the current, unfair, situation, we should clone the baby. Why not give both the school and the teacher IP ownership. I whole heartedly agree with his proposal for how this would work. If his proposed policy is adopted, teachers can take their work with them when the move on to another school, and the school can make the work available to all of the teachers they employ. And if we can't tell which baby is the original and which is the clone - or if they grow up to live very different lives (one a Creative Commons piece, while the other becomes part of a subscription service) - then that's fine as well.
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