Distributed Repositories for Educational Content

In Part 1 of this article we discussed the need for information quality and the systematic management of learning materials and learning arrangements. Digital repositories, often called Learning Object Repositories (LOR), were introduced as a promising answer to this challenge. We also derived technological and pedagogical requirements for LORs from a concretization of information quality criteria for e-learning technology. This second part presents technical solutions that particularly address the demands of open education movements, which aspire to a global reuse and sharing culture. From this viewpoint, we develop core requirements for scalable network architectures for educational content management. We then present edu-sharing, an advanced example of a network of homogeneous repositories for learning resources, and discuss related technology. We conclude with an outlook in terms of emerging developments towards open and networked system architectures in e-learning.

Re-conceptualizing the Global Digital Divide

The article seeks a re-conceptualization of the global digital divide debate. It critically explores the predominant notion, its evolution and measurement, as well as the policies that have been advanced to bridge the digital divide. Acknowledging the complexity of this inequality, the article aims at analyzing the disparities beyond the connectivity and skills barriers. Without understating the first two digital divides, it is argued that as the Internet becomes more sophisticated and more integrated into economic, social, and cultural processes, a “third” generation of divides becomes critical. These divides are drawn not at the entry to the net but within the net itself, and limit access to content. The increasing barriers to content, though of a diverse nature, all relate to some governance characteristics inherent in cyberspace, such as global spillover of local decisions, regulation through code, and proliferation of self- and co-regulatory models. It is maintained that as the practice of intervention intensifies in cyberspace, multiple and far-reaching points of control outside formal legal institutions are created, threatening the availabil- ity of public goods and making the pursuit of public objectives difficult. This is an aspect that is rarely ad- dressed in the global digital divide discussions, even in comprehensive analyses and political initiatives such as the World Summit on the Information Society. Yet, the conceptualization of the digital divide as impeded access to content may be key in terms of ensuring real participation and catering for the longterm implications of digital technologies.

The EU’s Trouble with Mashups: From Disabling to Enabling a Digital Art Form

New tools for editing of digital images, music and films have opened up new possibilities to enable wider circles of society to engage in ’artistic’ activities of different qualities. User-generated content has produced a plethora of new forms of artistic expression. One type of user-generated content is the mashup. Mashups are compositions that combine existing works (often) protected by copyright and transform them into new original creations. The European legislative framework has not yet reacted to the copyright problems provoked by mashups. Neither under the US fair use doctrine, nor under the strict corset of limitations and exceptions in Art 5 (2)-(3) of the Copyright Directive (2001/29/EC) have mashups found room to develop in a safe legal environment. The contribution analyzes the current European legal framework and identifies its insufficiencies with regard to enabling a legal mashup culture. By comparison with the US fair use approach, in particular the parody defense, a recent CJEU judgment serves as a comparative example. Finally, an attempt is made to suggest solutions for the European legislator, based on the policy proposals of the EU Commission’s “Digital Agenda” and more recent policy documents (e.g. “On Content in the Digital Market”, “Licenses for Europe”). In this context, a distinction is made between non-commercial mashup artists and the emerging commercial mashup scene.

Under One Umbrella: Problems of Internet Retransmissions of Broadcasts and Implications for New Audiovisual Content Services

The development of broadband Internet connections has fostered new audiovisual media services and opened new possibilities for accessing broadcasts. The Internet retransmission case of TVCatchup before the CJEU was the first case concerning new technologies in the light of Art. 3.1. of the Information Society Directive. On the other side of the Atlantic the Aereo case reached the U.S. Supreme Court and challenged the interpretation of public performance rights. In both cases the recipients of the services could receive broadcast programs in a way alternative to traditional broadcasting channels including terrestrial broadcasting or cable transmission. The Aereo case raised the debate on the possible impact of the interpretation of copyright law in the context of the development of new technologies, particularly cloud based services. It is interesting to see whether any similar problems occur in the EU. The „umbrella” in the title refers to Art. 8 WCT, which covers digital and Internet transmission and constitutes the backrgound for the EU and the U.S. legal solutions. The article argues that no international standard for qualification of the discussed services exists.

User Created Content in Virtual Worlds and Cultural Diversity

User created content (UCC) has often been celebrated as a grassroots cultural revolution that as a genuine expression of creativity, localism and non-commercialism can arguably also cater for a sustainable culturally diverse environment. The present article puts these claims under scrutiny and in a more differentiated manner seeks to identify the value of UCC within digital game environments considering the constraints upon players and upon creative play that these impose. The article subsequently tests whether UCC in its dynamic sense of a creative and communicative process can be seen as a channel for the promotion of cultural diversity and if so, what the State should (and could) do about this.

Trade Versus Culture in the Digital Environment : An Old Conflict in Need of a New Definition

Following the recent UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, the first wave of scholarly work has focused on clarifying the interface between the Convention and the WTO Agreements. Building upon these analyses, the present article takes however a different stance. It seeks a new, rather pragmatic definition of the relationship between trade and culture and argues that such a re-definition is particularly needed in the digital networked environment that has modified the ways markets for cultural content function and the ways in which cultural content is created, distributed and accessed. The article explores first the significance of the UNESCO Convention (or the lack thereof) and subsequently outlines a variety of ways in which the WTO framework can be improved in a ‘neutral’, not necessarily culturally motivated, manner to become more conducive to the pursuit of cultural diversity and taking into account the changed reality of digital media. The article also looks at other facets of the profoundly fragmented culture-related regulatory framework and underscores the critical importance of intellectual property rights and of other domains that appear at first sight peripheral to the trade and culture discussion, such as access to infrastructure, interoperability or net neutrality. It is argued that a number of feasible solutions exist beyond the politically charged confrontation of trade versus culture and that the new digital media landscape may require a readjustment of the priorities and the tools for the achievement of the widely accepted objective of cultural diversity.

Digital Technologies and Traditional Cultural Expressions : A Positive Look at a Difficult Relationship

Digital technologies have often been perceived as imperilling traditional cultural expressions (TCE). This angst has interlinked technical and socio-cultural dimensions. On the technical side, it is related to the affordances of digital media that allow, among other things, instantaneous access to information without real location constraints, data transport at the speed of light and effortless reproduction of the original without any loss of quality. In a socio-cultural context, digital technologies have been regarded as the epitome of globalisation forces - not only driving and deepening the process of globalisation itself but also spreading its effects. The present article examines the validity of these claims and sketches a number of ways in which digital technologies may act as benevolent factors. We illustrate in particular that some digital technologies can be instrumentalised to protect TCE forms, reflecting more appropriately the specificities of TCE as a complex process of creation of identity and culture. The article also seeks to reveal that digital technologies - and more specifically the Internet and the World Wide Web - have had a profound impact on the ways cultural content is created, disseminated, accessed and consumed. We argue that this environment may have generated various opportunities for better accommodating TCE, especially in their dynamic sense of human creativity.

The Protection and Promotion of Cultural Diversity in a Digital Networked Environment : Mapping Possible Advances to Coherence

The present paper is the result of a four-year-long project examining the concept and the policies of cultural diversity and the impact of digital media upon the regulatory environment where the goal of cultural diversity is to be achieved. The focus of the project was primarily on the international level and in particular on the World Trade Organization (WTO) and the United Nations Educational Scientific and Cultural Organization (UNESCO), which also epitomise the often framed as opposing pair of trade and culture. In the broad context of the project, we sought to pinpoint the essential elements of an international trade-and-culture conducive framework that can also overcome the existing fragmentation in the field of international law and move towards more coherent solutions. In a narrower context, we sketched some possible improvements to the WTO law that can make it more suitable to the digital networked environment and to the objective of diverse media that some states aspire. . Our key messages are: (1) Neither the WTO nor UNESCO currently offers appropriate solutions to the trade and culture predicament and allows for efficient protection and promotion of cultural diversity; (2) The trade and culture discourse is overly politicised and due to the related path dependencies, a number of feasible solutions appears presently blocked; (3) The digital networked environment has profoundly changed the ways cultural content is created, distributed, accessed and consumed, and may thus offer good reasons to reassess and readjust the present models of governance; (4) Access to information appears to be the most appropriate focus of the discussions with view to protecting and promoting cultural diversity in the new digital media setting, both in local and global contexts; (5) This new focal point demands also broadening and interconnecting the policy discussions, which should go beyond the narrow scope of audiovisual media services, but cautiously account for the developments at the network and applications levels, as well as in other domains, such as most notably intellectual property rights protection; (6) There are various ways in which the WTO can be made more conducive to cultural policy considerations and these include, among others, improved and updated services classifications; enhanced legal certainty with regard to digitally transferred goods and services; incorporation of rules on subsidies for services and on competition.

Re-Conceptualizing the Global Digital Divide

The article seeks a re-conceptualization of the global digital divide debate. It critically explores the predominant notion, its evolution and measurement, as well as the policies that have been advanced to bridge the digital divide. Acknowledging the complexity of this inequality, the article aims at analyzing the disparities beyond the connectivity and skills barriers. Without understating the first two digital divides, it is argued that as the Internet becomes more sophisticated and more integrated into economic, social, and cultural processes, a “third” generation of divides becomes critical. These divides are drawn not at the entry to the net but within the net itself, and limit access to content. The increasing barriers to content, though of a diverse nature, all relate to some governance characteristics inherent in cyberspace, such as global spillover of local decisions, regulation through code, and proliferation of self- and co-regulatory models. It is maintained that as the practice of intervention intensifies in cyberspace, multiple and far-reaching points of control outside formal legal institutions are created, threatening the availability of public goods and making the pursuit of public objectives difficult. This is an aspect that is rarely addressed in the global digital divide discussions, even in comprehensive analyses and political initiatives such as the World Summit on the Information Society. Yet, the conceptualization of the digital divide as impeded access to content may be key in terms of ensuring real participation and catering for the long-term implications of digital technologies.

Global Cultural Law and Policy in the Age of Ubiquitous Internet

Digital technologies and the Internet in particular have transformed the ways we create, distribute, use, reuse and consume cultural content; have impacted on the workings of the cultural industries, and more generally on the processes of making, experiencing and remembering culture in local and global spaces. Yet, few of these, often profound, transformations have found reflection in law and institutional design. Cultural policy toolkits, in particular at the international level, are still very much offline/analogue and conceive of culture as static property linked to national sovereignty and state boundaries. The article describes this state of affairs and asks the key question of whether there is a need to reform global cultural law and policy and if yes, what the essential elements of such a reform should be.

Comparative Study of Digital Rights Management Systems for Music and Text Files

Digital Rights Management Systems (DRMS) are seen by content providers as the appropriate tool to, on the one hand, fight piracy and, on the other hand, monetize their assets. Although these systems claim to be very powerful and include multiple protection technologies, there is a lack of understanding about how such systems are currently being implemented and used by content providers. The aim of this paper is twofold. First, it provides a theoretical basis through which we present shortly the seven core protection technologies of a DRMS. Second, this paper provides empirical evidence that the seven protection technologies outlined in the first section of this paper are the most commonly used technologies. It further evaluates to what extent these technologies are being used within the music and print industry. It concludes that the three main Technologies are encryption, password, and payment systems. However, there are some industry differences: the number of protection technologies used, the requirements for a DRMS, the required investment, or the perceived success of DRMS in fighting piracy.

Developing an Agriculture-Related Digital Project

With the increasing expectation of information searchers for all information to be available online, digital projects are growing in number and importance. These projects allow libraries to become producers, if not of content, then of new accessibility options for their patrons. One librarian’s experience in the development and coordination of a digital project in an academic setting is presented, in order to demonstrate potential best practices for similar projects. Selection, coordination, standards, outsourcing, and funding of projects are all discussed. It is possible relatively quickly and inexpensively to produce a useful, quality digital project.

Malvinas a 30 años del conflicto : Un análisis sobre las propuestas de enseñanza en formato digital

Este artículo trata de definir los límites y posibilidades de los nuevos textos digitales en la enseñanza de la historia, especialmente de algunas propuestas didácticas producidas por el gobierno nacional, cuyo contenido versa sobre la guerra de Malvinas. ¿Cuáles son los nuevos significados que este tipo de textos digitales aportan a la enseñanza y el aprendizaje de la Guerra de las Malvinas? ¿Qué discursos y narrativas sobre Malvinas se presentan explícitos e implícitos en estos textos digitales? ¿Hay algún cambio entre estas narraciones que emergen en el 30 aniversario de la guerra en comparación con las narrativas anteriores? Son algunas de las preguntas que tratamos de resolver, a pesar de que los textos en formato digital para la enseñanza de la historia, parecen ser muy caóticos y poseen otro régimen de producción, lectura y propiedad, diferente al de los materiales curriculares impresos. Como primera aproximación al análisis podemos observar como las políticas educativas nacionales actuales en Argentina refuerzan el discurso de los derechos y la soberanía sobre las islas, introduciendo además, elementos nuevos que buscan un acercamiento emocional a la causa y desdibujan en parte, la enseñanza de la complejidad de Malvinas

Malvinas a 30 años del conflicto : Un análisis sobre las propuestas de enseñanza en formato digital

Este artículo trata de definir los límites y posibilidades de los nuevos textos digitales en la enseñanza de la historia, especialmente de algunas propuestas didácticas producidas por el gobierno nacional, cuyo contenido versa sobre la guerra de Malvinas. ¿Cuáles son los nuevos significados que este tipo de textos digitales aportan a la enseñanza y el aprendizaje de la Guerra de las Malvinas? ¿Qué discursos y narrativas sobre Malvinas se presentan explícitos e implícitos en estos textos digitales? ¿Hay algún cambio entre estas narraciones que emergen en el 30 aniversario de la guerra en comparación con las narrativas anteriores? Son algunas de las preguntas que tratamos de resolver, a pesar de que los textos en formato digital para la enseñanza de la historia, parecen ser muy caóticos y poseen otro régimen de producción, lectura y propiedad, diferente al de los materiales curriculares impresos. Como primera aproximación al análisis podemos observar como las políticas educativas nacionales actuales en Argentina refuerzan el discurso de los derechos y la soberanía sobre las islas, introduciendo además, elementos nuevos que buscan un acercamiento emocional a la causa y desdibujan en parte, la enseñanza de la complejidad de Malvinas