ࡱ> '`UbjbjLULUz.?.?M  $rT---P-, .dOz.....000&L(L(L(LdLlMldO$Ph7SO80088O ..CO~9~9~98 V..&L~98&L~9~9EI .n. @#xn-9J<O0OzIbS9RS|IISjJ0`G3~94\U6000OOh9000O8888D & &Drn   INFLUENCE OF COPYRIGHTS OVER THE RELATIONSHIPS IN eLEARNING Ivan Pogarcic, Marko Pogarcic, Matej Pogarcic Polytechnic of Rijeka, University of Rijeka, Faculty of Law, University of Ljubljana, Faculty of Civil Engineering and Geodesy Trpimirova 2, 51000 Rijeka, Croatia Tel: +385 51 35 37 53; fax: +385 51 67 35 21 e-mail: pogarcic@veleri.hr, knjo@net.hr, tkoma@net.hr ABSTRACT Teaching is a concrete realisation of two combined processes: learning and teaching. These processes are supplementary, they create unity and their synergic bonds cannot be broken. Teaching can integrally be observed as meaningful and intentionally organised system or as a concrete realisation of relationships between its basic elements: students and teachers who are gathered around context with clearly defined goal. Relationships are complex and multilevel starting from a human level in relationship student-teacher up to modern frames where these relationships attain virtual characteristics. The common goal adoption of required knowledge and acquirement of specific skill corresponds with all three basic elements in different manners. Student and teacher approach to goal within specific context from different points of view but with the same motivation: the fastest possible and the most efficient adoption of contents. Usage of ICT implies new problems in teaching process. The most evident problem is ownership over educational content and consequently influence on relationships between elements that comprise teaching. This paper aims at indicating several, primary legal, but also ethical and moral aspects of teaching, mostly of its form presently familiar as eLearning or mLearning. The question is: does teaching have an owner is not simple because it implies a question of which part of teaching should be owned? Keywords: eTeaching, eLearner, eLearning, ICT, intellectual property, authority 1 INTRODUCTION Teaching and learning are supplementary processes. They are tightly connected into one complexity named class. Class as a whole, that is meaningfully and purposely organised system, comprise basic elements: student/attendant and teacher/tutor who are gathered around learning content. The goal is to adopt needed knowledge and to acquire certain skills. Goal is common but it corresponds with all three mentioned elements in different ways. Attendant and teacher approach goal from different standpoints, but with the same motivation: the fastest and the most efficient acquiring of content. Realisation of necessary activities is being done through processes of teaching (a teacher) and learning (a student). Context in which the class is being executed is the fifth important process element [1] attendant and teacher are, on the other hand, elements that determine the other elements in different ways. Put in the interrelationship by articulating their goals, they primarily decide upon learning content and indirectly the context of class realisation. The both processes have during the history, by influence of different factors, changed and qualitatively modified. That is actually special dimension of the processes dynamics. The both processes, individually or together, make a continuum in which an access to their organisation, form of realisation and applied technology and tools influence the acceptance or dismissal of certain paradigms in learning/teaching. Attendant and teacher are basically main initiators of learning as process so they are put in a relationship that defines their specific rights and obligations. Clearly, such process should be, out of obvious reasons, legally regulated or a proper realisation of obligations and protection of rights derived from a process or emerged as its result/product should be ensured. Aim of this study is to implicate some, primarily legal, but also ethical and moral aspects of learning, especially its form presently known as eLearning. 2 IS CLASS A BUSINESS? Increase of knowledge in general, and technology improvement specifically, influence all aspects of human activities, the class included, with different dynamics and different intensity. Consequences of this trend are: increase of knowledge quantity combined with the requirement to shorten timed needed for acquiring the same. Especially underlined is a need for continuant adjustment to new situation through permanent updating of the learned and completing it with new facts. The latter is today known by its popularly used name the lifetime learning. On the other hand, increase of knowledge directly reflects learning content by depriving its static, characteristic to traditional forms of class. Not to misguide one, learning content has never been completely static, but has also never had such dynamic provided by the ICT usage today. For instance, acceptance of allegedly object-oriented paradigms has the most drastic influence over the learning content and mode of its preparation. Implementation of ICT into a specific process determines a form of its realisation. Accordingly, the application of technology defined by methodology names the efficiency and completion of the process realisation. Need for a constant application of new facts has influences traditional forms of class. Every society, for the purpose of its sustainability, defines and controls obliged forms of class that help the individual to grow, maturates and acquires certain skills that ensure existential and some other needs. However, an urge for lifetime education, aside modern technological possibilities demands also forms of class presently often called informal education [2]. In such a manner, eLearning as form of class in lifetime education can also emerge in different sorts of education as compulsive, vocative, supplementary and additional/hobby education. Clearly, such form of class demands, but also enables, a different approach. Education has, with enormous help of ICT, become a part of business that can have its own marketing and own market. Still, in such way a legal aspect of learning has been emphasized that no longer has to be a part of a competent ministry, but it certainly requires a legal regulation. 3 WHO ARE THE LEGAL SUBJECTS IN ELEARNING? If eLearning is treated as business or, better yet, as product that can in specific way be consummated, then such a product should be commercialised. By commercialisation eLearning becomes a product that requires its buyers/consumers. Naturally, all characteristics that will ensure a qualitative market niche for such a product should be provided. This indirectly means that specific form of class supported by ICT should have checkable qualities, commercial protection etc. Clearly the mentioned primarily applies to learning contents, but also to form of realisation that can vary from one case to another. The main question here is: Can knowledge be owned? An answer to that question demands proper description of main participants on learning and their rights. For instance, [3] authors have a long time ago recognized a difference between learning and teaching. Luckily, eLearning has, with a help of ICT, largely eliminated that confusion. In formal education, comprehensive and vocative, legal aspect have been solved in a higher level, mostly state, since that form of education has a vital importance for development and sustainability of a society. Informal education requires a special regulation of participants rights and obligations. Service Level Agreement or abbreviated SLA is form of legal act that regulates such relationships. Such form of relations regulation is especially important in ICT environment. eLearning requires such regulation precisely because of the proclaimed characteristics of time and location independence. Proper definition of relations ensures more qualitative results to all participants [4]. Authors believe class can be treated as information system, at least from a standpoint of students, simply because student during a class acquires new knowledge, skills and competencies. This simultaneously means that student isnt acquainted with information that are offered and that quality of these information should be ensured by a person who prepares learning contents and learning process. Quite contrary, this quality should be guaranteed since it will influence the realisation of classs goal an important element of learning. Learning contents have to fulfil several conditions that ensure their quality. From the aspect of this study, important is to mention a fact that learning content is treated as applicable, in several stages, on the computers. That means such forms can appear in forms conditionally named as computer program though it is much more then that. Such modes can be found as LMS or CLSM (Learning Management System, Content Learning Management System). Goals and context in which class is being held will be used as a frame in which legal regulation of broader social context will be applied. 4 eLEARNING, COPYRIGHTS AND INTELLECTUAL OWNERSHIP Hence, does knowledge has an owner or can cognition be held exclusively by an individual and can he hold rights over certain knowledge? Here the concepts of knowledge and cognition are purposely equalled by giving them certain material characteristics that can define them as a property. In a cognitive process a common start refers to idea. Idea can have an owner, but not the exclusive one. The same idea can be developed by more individuals. Still, the realisation of idea has commonly a material ground, so it can have the first and exclusive owner. If eLearning is now observed as realisation of someones idea, clearly that realisation has an owner and his rights over the property should be protected. However, this indirectly means that ownership can be obtained over the package, but not over its content. That is the point of eLearning. Many different authors will develop certain course CLMS in different ways, some of them maybe even in the same way, but the final goals will be identical if required by context. The specificity developed by authors as computer form or some hybrid form is their ownership that can be commercialised. Therefore terms-categories: intellectual property and copyright are globally protected. Protection is demanded primarily because of material usage that can be obtained by using a product or because of any kind of misuse. The Republic of Croatia has, by Croatian Copyright Act (National Gazette, Nr 01-081-03-1344/2, Zagreb, and 7th October 2003) [5] determined as follows: Authors work is an original intellectual entity from literature, science and art that has an individual character, regardless to form and way of expression, sort, and value or purpose if not differently specified by this Act. (Article 5, Paragraph 1) and Author of work is a physical person who created a work, and Author belongs a copyright over his work by simply the act of creating that work (Article 9) Copyright comprises moral rights of author, property rights and also his other rights. (Article 13, Paragraph 1). Computer program is protected as linguistic work by this Act if it is original in sense that it represents own intellectual property of his author. Term computer program comprises of computer programs expression in any form, including the preparatory designer material. However, ideas and principles that are basis for any computer programs element, including the ones used for creation of its interfaces, is not protected by copyright (Article 109). While intellectual property is a common name for possession of non-material goods that is products of a human mind. In eEnvironemnt, the learning content is shaped and packaged in forms that are convenient for the ICT usage and realisation of eLearning so legal protection is required out of several reasons. Learning content is in a way atomised in forms popularly called Learning Objects (LO). These are in different ways prepared segments of learning contents that can be used by computers. Every eCourse is a combination of these elements. Accordingly, property can be over individual element but also over the complete eCourse. The other kind of legal regulation applicable in this case is treatment of computer criminal [6]. In this area, Europe acknowledges different approaches that are, mainly based upon Convention of Cyber-crime (http://www.poslovniforum.hr/info/konvencija.asp, 06-09-2011) that represents international legal instrument that has originally regulated problems connected to usage and download of information and data, but also the biggest, the most detailed and the most qualitative European document of its kind. The following table compares several states of the EU, Japan and the Republic of Croatia. Table  SEQ Tabela \* ARABIC 1: Comparison of handling the cyber criminal State Specificity of regulationFederal Republic of GermanyThe first to adopt Act of Data Protection The second Act of preventing the economic criminal Act of Copyright 30 years of experience in solving cases connected to cyber criminal Great Britain Computer Misuse Act Regulation The basic act of hacking is still a work of a hacker Unauthorised modification of computer content Japan (shaped on the influence of the USA)The basis is Japanese Criminal Law Act on unauthorised approach that regulates: - criminal activity of falsification - criminal activity of misconduct - criminal activity of hacking the business transaction over the computer The Republic of Slovenia Criminal Act that regulates: - criminal activity of unauthorised approach to a computer system - criminal activity of unauthorised modification of content, destruction or damaging of data The Republic of Croatia 1997. Croatian Criminal Act was originally introduced into the computer criminal 2002. the Republic of Croatia has passed Act of adopting the Convention of Cyber-crime  What sort of criminal is possible within eLearning? If the CLMS applications can be used by computers, then they can easily be misuse. Naturally, protection of copyrights over such products demands treatment provided to other product of similar structure and composition. Again, one should underline a fact that eCourse is a product that will enable eLearning as package of cognitions that shouldnt have owner, so the ownership is possible just over the package. There is one more important circumstance in this area. That is alleged Open Source products or products which authors dispose without insisting on protection of copyrights [7]. Naturally, this also requires specific protection that is imposed only in case of further commercialisation and profit gaining by the same products. 5 RIGHTS AND OBLIGATIONS OF eSTUDENT AND eTEACHER Improvement in development of ICT technology has caused a rearrangement of cards within education as a human need and activity. Influence of technology has mainly reflected on structure of certain educational contents with unpleasant result of changing the competencies in specific professions. The consequence reflects in a problem of competencies of all persons who use ICT technology as a tool or methodical asset. This primarily refers to eStudent and eTeacher. They absolutely have to acquire certain competencies in this field. For eTeacher this situation can be frustrating out of several reasons. Numerous assignments, even if they are familiar to him, couldnt be done individually but in association with others members of a team for preparation of eClass. Nevertheless, eTeacher still has an obligation to shape a pedagogical-didactical-methodical form of class. Legally, this scenario predefines situation that is clear on the institutions level. Another option is more dangerous for teachers creativity. If there is an adequate form of SCORM, teacher will arrange his puzzles with a danger of loosing his own creativity. This case requires a legal regulation that covers copyrights of those who created SCORM and obligations of its users. eStudent is also not completely free of rights and responsibilities. However, the student is, at least in comprehensive and vocative education, exempted from certain obligations according to his age. Responsibility of student is conferred, up to a certain age, to another person parents or teachers. Situation slightly differs within higher education and informal education. eStudent or informal ePupil can, same as eTeacher, use some educational objects out of SCORM. Naturally, in this case, student has to consider copyrights and proper use of authorised educational objects in comparison to unauthorised trespass. eClass, through collaborative and cooperative form of work, can put eStudent into a position of idea initiator of some qualitative and later on, generally accepted form of class. In that case, eStudent becomes an author of educational object and his rights should be protected. Though, it can be concluded this opportunity is rare, it still exists, both in theory and practice. In most faculties students through their obligations towards class create different products, right paper works, undertake researches and create projects. In most technical faculties students use different CAD and similar computers that help them to create valuable solutions. This certainly requires protection of their rights. 6 CONCLUSION eClass as form of class will probably prevail out of several reasons, however, these wont be elaborated in this study. Authors believe that education as process, in organisational sense, within these circumstances significantly moderates so it requires radical changes of educational and realisation determinants. One can almost say nothing is the same anymore. Naturally, that is not the case. It should be emphasized that legal regulation of education can have a basic skeleton regardless to level or purpose of education, but, precisely because of its level and purpose it requires certain supplements and additions. Comprehensive education, starting from kindergarten to high education is regulated completely by competent ministry. Still, by a gradual penetration of private sector in this area, regulation should be adjusted to new circumstances. Aside from diversification to state and private sector, which is important in this study, it should be mentioned another classification of education: one required by profession of its participants and another out of hobby. Rights of participants are specific, especially in the latter. Cyber criminal acts can be hard to prove: due to specificity of technological system, short period provided for proving the criminal act, international components etc. Its comprehension demands appropriate profession knowledge. This, on the other hand, demands a help of experts, aside the appropriate expertise of the police, state law and courts. References D.D. Pratt, Good Teaching: One Size Fits All? In Issue New Directions for Adult and Continuing Education, Volume 2002, Issue 93, pages 516, Spring 2002 D. J. Trump, M. McIver: Think Like a Champion: An Informal Education In Business and Life Vanguard Press, 2009, ISBN-10: 1593155301, ASIN: B002QGSY1S R. Ackoff , D. Greenberg: Turning Learning Right Side Up: Putting Education Back on Track , Pearson Prentice Hall, 2011, ISBN-13: 978-0132887632 S. Emmett, B. Crocker: Excellence In Procurement: How To Optimise Costs And Add Value, Publisher: Liverpool Academic Press, 2008, ISBN-13: 978-1903499405 National Gazette, Nr: 01-081-03-1344/2, Zagreb, 7th October 2003 C. Easttom, J. Taylor: Computer Crime, Investigation, and the Law, Course Technology PTR, 2010, ISBN-13: 978-1435455320 B. . Czerkawski (editor): Free and Open Source Software for E-Learning: Issues, Successes and Challenges, Information Science Reference, 2010, ISBN-13: 978-1615209170.     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