Litigation over online course materials

More intellectual property fun as it relates to online courses:

Sparring over ownership of course materials might grow, as more institutions offer online courses and look at them as a potential source of revenue. Experts feel that the law is uncertain when it comes to statutes and case law, and an argument could be made for either side.

http://www.insidehighered.com/news/2012/03/14/former-asu-professors-threatens-litigation-over-online-course-ownership

asked 14 Mar '12, 16:42

robrambusch ♦
23.3k●1●20●135

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2 Answers:

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Who owns the recordings? Where the recordings made using campus equipment? There's more to this case than what was explained. And what of those who apply for a National Teaching Credential? They have to make 2 recordings as a requirement. What if their work is being used other than to obtain a Credential? I'm going to go micro wave some popcorn, this is going to get nasty to watch.

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answered 14 Mar '12, 18:06

insaneuser
46●1

The comments to the article had some analysis. Based on the descriptions of the relevant agreements it seems both sides can make a case.

(15 Mar '12, 00:36) rseiter ♦

My experience with crafting legal software has allowed me to hear the personal insights from attorneys. If I understand correctly, the issues that will be presented should be very interesting to reflect upon for Educators that wish to follow the same path as the MacSwan's.

(15 Mar '12, 12:24) insaneuser

Interesting. I lost a bit of sympathy for the professors with this: 'calling for $3 million in damages. "That was a figure our attorney suggested as a reasonable proposal for settlement. The notice of claim guidelines require that one specifies a sum of money that could be used to settle the claim," MacSwan said.' Is it just me or does $3 million seem rather excessive?

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answered 14 Mar '12, 17:08

rseiter ♦
5.9k●2●15

It's an arbitrary number, do doubt established by the attorney, as they say. The way attorneys play games with each other (and that's exactly what it is -- a game between opposing attorneys) doesn't necessarily correspond in any particular way to what the rest of us consider excessive, fair, proper, ethical, moral, logical, or even legal. Lawyers live and operate in an alternative universe. But they demand full control once you engage them. So don't blame the professors for whatever strategy their lawyer is taking.

(16 Mar '12, 18:01) Hillbilly

Since those lawyers probably request 40% of that sum for themselves, I'm not surprised by that number.

(16 Mar '12, 20:08) rhasarub

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Litigation over online course materials

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