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As teachers of chemistry, we deal with
information, knowledge, and, if we are fortunate, even wisdom. An
important part of what we do involves giving students access
to information and devising better ways to help them
assimilate it. Beyond that, we can help them gain knowledge
and understanding. Ultimately we hope that the knowledge
they gain will help them to make wise choices about their
own and society's collective futures.
We often view ourselves as altruistic providers of
information, but of course our students do pay tuition fees
and thereby at least part of our salaries. In that sense we can
think of ourselves as involved in an information industry. We
provide what has come to be called intellectual property in
return for a salary from a school, college, or university that
in turn has collected fees from those who value that
intellectual property. Those of us who write books or create
multimedia materials are even more closely allied with the
information industry.
Computers and the Internet have produced a
quantum jump in the ease of dissemination, reception, and
reproduction of large quantities of information. That has
stimulated reexamination of conventional thinking about
intellectual property, making copyrights, patents, and trademarks a
red-hot area for lawyers. Insofar as we teachers are
disseminators of intellectual property, we are going to be affected by
the changes that will certainly happen in the laws, customs,
and ethics that apply to ownership of information and of
the means by which it is exchanged among members of our
society. In other words, we need to pay attention to the
current ferment regarding intellectual property, doing our
best to ensure that the decisions made do not prevent us
from teaching in the best ways we know.
Available options, all of which have vocal
proponents, range from complete freedom of copying and
disseminating information through a level of control in which
essentially every bit or byte delivered carries with it a fee and a set
of restrictions on its use. For example, in the area of Web-
delivered courses, we might simply upload materials to
the Web for anyone to view, or we might charge for (and
restrict viewers to a single use of) chunks of information the size
of a textbook section or example problem. The former is
roughly analogous to presenting a series of public lectures for no
fee, the latter to having a turnstile at the entrance to the
lecture hall and requiring that no notes be taken out of the room.
You and I may not have been thinking in these
ways, but others have. Whether we like it or not, what they
do will affect us. There is considerable pressure, both from
without and within, for universities to recognize and
capitalize on the fact that they are purveyors of intellectual
property. We are being urged to get onto the bandwagon of the
"celestial jukebox". On the Web of the future, individuals will
have access to great digital warehouses (not libraries, which
have a less commercial connotation) packed with peta- or
exabytes of information. Quoting from an article by Anne
Eisenberg in The New York Times, December 9, 1999, "The idea is
that consumers of the future will pay a few dollars or cents - or
even a fraction of a cent - to watch an episode of 'I
Love Lucy,' listen to an aria by Bryn Terfel or view a missed
Chemistry 101 lecture, deliverable on the spot to home or office."
I am personally repelled by the thought that
chemistry course materials might be restricted to the degree already
provided in "shrinkwrap" and "clickwrap" licenses - those
agreements you enter into when you tear the plastic off the
disks or CD for a new software program or click to download
software from the Internet. (One such license required that
the software could not be used to disparage its publisher,
and another required prior consent before anyone could
publish a review of the software.) These restrictions apply only if
you decide to purchase or download the software, but if the
only access to information is via the Web, such restrictions
could result in a major infringement of rights - one that we
might not even realize existed until it was too late.
Complete freedom for anyone to disseminate copies
of anything also has drawbacks. Charles C. Mann, writing
in The Atlantic Monthly in September 1998, described the
chaos that resulted when the French Revolution abolished all
restrictions on copying text. Serious books, which were
inherently more difficult to produce and which would be
expected to be available in print for years, were supplanted by
gossipy, libelous pamphlets whose lifetimes were so short
that nobody could gain by copying them. The result was that
serious books went out of print and intellectual discourse
was severely limited.
In these heady times, all of us should vigilantly
monitor how proposed changes in copyright, patent, and other
laws might affect chemical education. Clearly a system that is
intermediate between the extremes just described is
preferable to either of them. In next month's editorial I will
describe what such a system might involve. I will also provide
my thoughts about how this Journal can participate most
effectively in helping teachers find and use intellectual
property that will help students learn.
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