I want to begin this post with a few important disclaimers.
I am not an attorney, even thought I do spend my fair share of time reviewing commenting on, and drafting language of contracts. In addition, I am not an expert on copyright, nor is this post really about copyright law or the nuances thereof per se. Finally, even though I am referencing the litigation filed by three major publishers against Boundless Learning (see the official complaint here), I am not concerned nor focused on any specific details related to that lawsuit. If you want further insight into the complaint and the companies involved, I suggest you consult these articles by Audrey Watters and/or Nick DeSantis.
As further context for my comments, my intent is simply to raise philosophical questions related to general education textbook and course content, its origins, and the rights of ownership. I am approaching this topic as an author and researcher, instructor, former publishing executive, and educational technologist who has focused on OERs. While there may be legal aspects to the questions I raise, I will leave those in the legal profession to address them.
With those introductions, let’s turn our attention to the litigation filed by Pearson, Cengage, and Macmillan agains Boundless Learning. The complaint the publishers are bringing is related to copyright infringement, related specifically to Boundless textbooks created for Introduction to Biology, Introduction to Psychology, and Principles of Economics. The courses in which these textbooks can be used are among the top-selling course areas for textbooks in the U.S. While Principles of Economics is not technically a General Education course, it is a foundational or entry-level course that is focused on the core set of information that a student should know about Economics. (more…)