Education ∪ Math ∪ Technology

Author: David Wees (page 32 of 97)

Northwest Mathematics Conference resources

I’m presenting twice at the Northwest Mathematics conference, once on computers in math, and the other on programming in math. Here are my resources from the day, which you are welcome to adapt and share (for non-commercial purposes) provided you give me attribution. Despite the titles, both of these presentations are focused on the use of computers in mathematics education, rather than the more general topic of computers in mathematics itself.

 

Computers in Mathematics

Programming in Math

Resources shared by participants

Lightbot 2.0 – A game which introduced programming concepts

Star Logo TNG – A 3d programming environment which uses the block system made popular in Scratch & Turtle Art.

Number line activity

Father and son playing catch
(Image credit: bterrycompton)

I co-coached my son’s blastball team last year. We spent a lot of time playing blastball, but we also spent some time practicing some of the skills needed to be able to play (while emphasizing how these skills fit into playing the game). One of the skills we practiced was throwing and catching a blastball.

How this worked is that each kid stood one or two steps away from their parent and threw the ball to their parent. If the parent caught it, the parent took a step back, and threw the ball back to their child. If their child caught it, the parent took another step back, and so on. This meant that very quickly parents and children tended to be separated by a distance where they catch the ball about half of the time. This is by itself a good activity that relates to the number line, if you think of each step apart being 1 space apart on the number line.

My son and I went through a particular fun exchange where his objective was to make sure I didn’t catch the ball, requiring me to continue closer to him. As I moved closer to him, I kept indicating where I was like so: "Okay, now I am three steps. Now I am at two steps." Eventually, I ended up zero steps away from him. To continue the joke, he managed to find a way for me not to catch the ball even though we were directly on top of each other. I continued stepping toward him, which meant that we were now facing back to back, with one step in between us. "Okay," I said, "now I am at negative one step." He had lots of questions about negative one step, and continued the game a few more times as I moved into smaller and smaller negative numbers.

While the introduction of the concept of negative numbers is obviously secondary to this activity, it is a way to tie together some fun physical activity with some conceptual understanding of the relationships between different numbers.

 

 

Disrupting education

Children are the living messages we send to a time we will not see. Neil Postman
(Image credit: Steve Slater)

I’ve read a lot of articles over the past few years about education is being disrupted. Most of these disruptions are focused on schools as systems (think financial disruption, not pedagogical disruption), not schools as ecosystems. The distinction is important.

I’d like education to be disrupted as well, but I think in some ways that are much different than what many education reformers are pushing.

  • I’d like every student to have a teacher, a school, and to feel comfortable to be in that space. For my school’s partner school in Kenya, we’ve put up a wall to add a level of security to their school, but it would be nice if all of the students had access to latrines, clean water, and food. When we can fix this problem everywhere in the world, I’ll consider education disrupted. Note: I’m also in favour of ensuring that the education we provide everywhere is suited to the needs of the local communities the schools support.
     
  • I’d like every student to feel safe to speak their mind in front of their teacher, and to feel safe in their presence. In too many places around the world, corporal punishment is still acceptable, and students are taught obedience over independence. It is possible to know when to follow the rules, and not have to sacrifice the ability to reason independently.
     
  • I’d like Neil Postman and Charles Weingartner’s chapter 12 of this book (at least) to be required reading for every teacher. Teachers (and parents) need to at least be discussing their role in quelling the questions of students.
     
  • We need to recognize that Daniel Pink’s idea of "Autonomy, Mastery, and Purpose" as drivers of human motivation, especially for highly demanding cognitive tasks, does not just apply to adults, it applies to students as well. Unfortunately most schools do not give students opportunities for any of these three guiding principles of human motivation. How often does your school let students completely master a skill before moving onto the next skill? How often do students have choice in when, how, and what they learn? How often is the purpose of school given so base that it does not actually invite students to participate?

Email confirmations from Google Forms

Update: This doesn’t work anymore. Instead, make a copy of this spreadsheet and then look at the associated script to see how it needs to be updated.

 

Our junior school is using Google forms as a sign-up system for our parents for co-curricular activities. This way we can automate the sign-up process, and use the data to generate our lists of students who are going to be in each club. Apparently quite a number of parents were not sure they had actually submitted their requests, and so our administrative staff asked if there was any way to send parents an email confirmation with the co-curricular choices they had made. Using this tutorial, I created an email confirmation script.

First step, make the form, something like below.

Google form example

 

Next, navigate to the spreadsheet form, and under the tools menu choose the Script Manager, as shown below.

Script manager

 

A dialog box will appear, and you will want to click on the New button at the bottom of the dialog bow, which will then lead to the following screen.

New script dialog box

From here you will want to select "Blank project" although you can see that you have a number of other options to explore later, should you decide to write other Google Apps scripts.

I wrote this script, which you are welcome to use as the basis for your own email confirmation script.

/* START COPYING HERE */
function emailConfirmation(e) {
  var userEmail = e.values[2];
  var pickUp = e.values[5];
  var otherNotes = e.values[4];
  var class = e.values[6];
  var firstChoice = e.values[7];
  var secondChoiceOptions = e.values[8];
  var secondChoice = e.values[9];
  
  /**
   * Un-comment this to use it for debugging
   */
  //for (var i in e.values) {
  //  Logger.log("" + i + ":" + e.values[i]);
  //}
  
  
  MailApp.sendEmail(userEmail, 
                    "Clubs sign-up confirmation", 
                    "Thanks for signing up your child for a club. You have indicated the following:\n\n" +
                    "Pick up:\n" + pickUp + 
                    "\n\nOther notes:\n" + otherNotes + 
                    "\n\nClass:\n" + class +
                    "\n\nFirst choice:\n" + firstChoice + 
                    "\n\nSecond choice:\n" + secondChoice + 
                    "\n\nSecond choice option:\n" + secondChoiceOptions,
                    {name:"Stratford Hall clubs"});
}
/* STOP COPYING HERE */

 

So now what this script does is takes specific values entered into the form by the parent, and turns these into an email confirmation. Each value in the form is an item in the e.values array. The biggest stumbling block I had was figuring out which form values corresponded to which items in the original form, because as I quickly discovered, the position of the form item in the e.values array does not necessarily correspond to it’s position in the form. In the code above, I discovered that I could use the log to determine what each form value actually corresponded to. If you need to do this trouble-shooting, uncomment (remove the // from the code above) the section of the code as per the instructions in the code above.

 

Log

You can then look at the logs (see above) after you have submitted a sample and use the output of the logs to determine which value of e.values corresponds to which form item.

The second part of the code that starts with MailApp.sendEmail actually sends the email to the parent. Hopefully you can see what I wrote above and adjust it to meet your school’s needs (helpful hint: \n corresponds to a new line in the email).

If you need more information on Google Scripting, I highly recommend the tutorials that Google publishes, but these are much more useful to you if you know the coding language they are based on, JavaScript. I learned JavaScript from a lot of experimentation, the W3Schools tutorials, and a very helpful and extremely dense book.

Programming for kids

I was recently asked about some programming environments I’ve used with students, and I thought I might as well compile a list of them, as well as some environments I’ve considered using.

Younger students:

  • Blockly

    Blockly sample
    (Image credit: Blockly

    Blockly is an open-source online programming environment developed by Google. It is currently very much a work in progress, although the language itself seems pretty stable, getting it to a state of usability for a group of students is not for the faint of heart. I mocked up a version of Blockly that resembles some aspects of the Logo programming language that I used with kindergarten students.

     

  • Turtle Art

    Turtle Art
    (Image credit: Sugar Labs)

    Turtle Art is a derivative programming environment of Logo, having been heavily influenced by the Logo programming language, and developed into a visual block version of it. It is multi-platform, and free to download (well sort of free – you need to email the developers of the program and request a download link for the program). I’ve used it with third and fourth grade students with some success. Turtle Art actually comes installed on the OLPC laptops.

     

  • StarLogo TNG


    StarLogo TNG is the extension of the original Logo programming into a 3d world. From their website, "StarLogo is a specialized version of the Logo programming language. With traditional versions of Logo, you can create drawings and animations by giving commands to graphic "turtles" on the computer screen. StarLogo extends this idea by allowing you to control thousands of graphic turtles in parallel. In addition, StarLogo makes the turtles’ world computationally active: you can write programs for thousands of "patches" that make up the turtles’ environment. Turtles and patches can interact with one another — for example, you can program the turtles to "sniff" around the world, and change their behaviors based on what they sense in the patches below. StarLogo is particularly well-suited for Artificial Life projects."

     

  • Hopskotch

    Hopskotch is an iPad, which is still in development, which allows children to do block programming in a very similar fashion to Scratch, Turtle Art, and other programming environments. I’ve not used Hopskotch myself to verify that it works.

     

  • Scratch

    Scratch
    (Image credit: Chris Betcher)

    Scratch is probably the most well known program for programming with kids. It has the same basic block structure that Turtle Art uses, but it has some additional features (ability to customize icons, object based programming) over and beyond the Turtle Art feature set. It can be quickly used to create simple animations, which is an attractive feature, but I found it harder to create simple geometric shapes than it is with Turtle Art.

     

  • Move the Turtle

    Move the Turtle Screen shot
    (Image credit: Move the Turtle)

    Move the Turtle is an iPhone/iPad app. It has a feature set very similar to Turtle Art (although somewhat reduced programming functionality). One thing that is compelling about it is that it includes a series of tutorials through puzzles which means that students without the support of a teacher can play around with the puzzles and learn how the application works. Obviously there is a certain amount of playing around necessary with any programming environment in order to learn it, but the tutorials Move the Turtle provides are useful when students get completely stuck.

     

  • CoffeeMUD 

    Coffee Mud screenshot
    (Image credit: Coffee MUD screenshot)

    Coffee MUD is easily the most difficult of all of the programming environments listed here to set up, and certainly amongst the most complicated environments to use. Coffee MUD is an online multi-user dungeon environment which means that it is both a somewhat collaborative game that students can play (and build their literacy skills in) and create.

    How Coffee MUD works is that it provides a server to which each student connects using some client software (recommendation: Jaba Mud client). While playing Coffee MUD, students navigate through a text based world, moving from room to room, and interacting with objects and non-player characters (NPCs) within the game. Many MUDs have no combat at all and have users interact with each other (social role-playing) or with the digital world provided via quests that the users solve.

    It also provides a way to interface (through a web browser) to the code that runs Coffee MUD and let trusted users add rooms, objects, and NPCs, as well as add a specialized coding system to allow players to interact and change these objects, rooms, and NPCs during the normal course of play.

    One enormous advantage I see with Coffee MUD is that the system is flexible and stable enough to potentially allow an entire school to interact via text in a virtual Coffee MUD world. While obviously this interaction shouldn’t come at the expense of face to face time, it could replace the traditional book report (create a virtual version of the story of the book instead!) or some creative writing time. For example, it would be an interesting interaction of the 7th graders attempt to create a portion of the game that the 3rd graders then play in.
     

Older students:

  • Alice

    Alice logo
    (Image credit: Alice 3 logo)

    I’ve not used Alice myself (except in a rudimentary way to test it out a bit), but I have heard some good things about it. One strength is that it relies on building object based programming with students, which is much more powerful and flexible than more traditional procedural based programming. From the Alice website:

    "Using an innovative 3D programming environment that makes it easy to create animations or games, the Alice Project seeks to provide tools and materials for a conceptual core of computational thinking, problem solving, and computer programming.

    The Alice Suite of educational tools is designed to support teaching and learning across a spectrum of ages, grade levels, and classes in K-12 and in college or university courses."


  • Python

    Python is both a command line programming language, and a language that can be used to build web applications. Many of the web applications created by Google are powered by Python. It’s not an especially new programming language, but the benefit of this is that there are an awful lot of great resources out there to learn how to program in it. See, for example, this excellent online tutorial.

     

  • Visual Python

    From the website for Visual Python (which I have successfully installed and played with myself): "VPython is the Python programming language plus a 3D graphics module called "visual" originated by David Scherer in 2000. VPython makes it easy to create navigable 3D displays and animations, even for those with limited programming experience. Because it is based on Python, it also has much to offer for experienced programmers and researchers."

     

  • JavaScript

    JavaScript is actually a pretty difficult language to learn because it requires an understanding of HTML and CSS first. It is probably best learned as a companion piece to making HTML websites more interactive. It also happens to be the base language for the scripting language Google uses for their Google Apps scripting environment, which means that students could potentially learn some JavaScript through programming directly in their browser. Students who want to learn JavaScript will also want to learn HTML, a mark-up language that JavaScript is often used to give dynamic capabilities.
     

  • See also:

Evaluating the Mathematical Thinking MOOC

I’ve been participating in Keith Devlin’s "Mathematical Thinking MOOC" hosted by Coursera. The purpose of my participation has been to evaluate the MOOC as a learning environment for my students. I want to see if we can find ways to bridge the gap between the type of thinking required for my students to be successful in their current k-12 environment to what it will take for them to be successful at the university environment, particularly in mathematics. We’ve already spent some time thinking about what they need for their success outside of school. I really want my students to think mathematically, so any resource I can share which will improve that will be valuable.

Unfortunately, I will not be suggesting the current version of Keith’s course for my students, but I will continue to follow the project to see if becomes something that will be more valuable for most of my students. Below is a critique which outlines some of my reasoning behind not recommending this experience for my students (yet).

I can separate my critique into three areas; user interface, course content, and course structure. I’m hopeful that this critique can be used to improve this experience for future students (or at least to have points I’ve brought up rebutted). Keith has mentioned many times that this is an experiment, and of course with all experiments, we try things out and see what works, and see how we can improve the experiment for next time.

 

User interface

This is likely to be out of Keith Devlin and his team’s control, but is worth mentioning because of how important it is for student learning especially in an online setting. It seems to me that something which is so crucial to how students develop understanding is so often outside of the control of the people responsible for their student’s learning. We spend an awful lot of time trying to improve learning environments for students in offline settings; we should spend at least as much time trying to improve learning experiences in online settings.

The course is basically divided into course videos, course problem sets, and discussion forums. The biggest problem I’ve noticed with this way of dividing the course is that there is no way for a user to know what videos they have missed, what problem sets they have not yet done, and who has replied to their discussion posts or comments without visiting all of these areas of the website each time. The system, of course, does keep track of this information, as it will let you know when you visit a particular lecture if you’ve watched it before, so why not aggregate this data for students?

The structure of the course is designed around containing the information in such a way which is easy for an instructor to follow but which should be re-arranged in such a way that the most relevant information necessary for a student is delivered to them. See Edmodo for an example of a fantastic user-interface which does exactly this. Courses, and the relevant user interface design for a course, should be designed around the experience of the user, not around the way the information is categorized by the facilitator of the course.

This user interface makes a difference. For example, one of the course suggestions is to join a study group for the course. As many of the participants of the course may be participating in isolation, making those connections and setting up a study group for one’s self is incredibly difficult. There are no spaces within the course where an effective study group could meet and discuss ideas. Given the emphasis placed on this by the course designers, this space should be woven into the structure of the course in a meaningful way. Improving the user interface so that it has more of a social feel, much like what Edmodo has done, would do a lot to improve retention of students through-out a course.
 

Coursera error
 

The course server itself crashed, just as Keith was set for students to complete the final exam for the course. This critique has nothing at all to do with the server crash, as this is outside of the control of Keith and his team. This is a problem that could have come up for anyone trying something so ambitious as to deliver a course for more than 50,000 people.

 

Content

When I heard that Keith Devlin was running a course on mathematical thinking, I had in my mind a much different experience than what has been offered. My students are exposed to formal mathematical reasoning of the sort offered in this course; in fact I have a student who is continuing learning about formal logic in university due to the interest in this area that arose as a result of my classroom. However, one thing which is often missing for my students is a result of what I like to call the black box approach in math education.

Here’s a story to explain what I mean. I had a professor in university who had a habit of giving lectures on how to solve specific problems related to concepts he introduced in class. Almost every single time, he made some error while presenting the solution to us, and ended up with some sort of impossible situation or contradiction. He would give up on his solution and say, "Okay, but you get the idea." He was always incredibly embarrassed, and he would promise to come with the correction in his solution for next class; which he always did. Unfortunately he created a black box around mathematical problem solving for us. I always wanted to know, given that I’ve found an error in my solution, what process can I go through in order to find my error and fix my work? This aspect of problem solving is usually not shared with students, and certainly wasn’t by my professor, often because of the complaint; we just do not have time.

So when I heard about a course about mathematical thinking, I thought that it would include more than just the formal symbolic portion of mathematical thinking and give students opportunities to learn what is in the black box.

I also recently watched a lecture by George Polya in which he describes the beginning of mathematical thinking as starting with a guess. What Polya attempts to do is to lead a group of students through an activity in which he tries to make his thinking, and his process of turning a guess into a certainty, completely clear. I know that this approach is something that many students never get to experience, and understand, and I was disappointed that there very few opportunities for students to see this type of approach discussed, or even modelled.

My hope was that students would be given some examples of mathematically challenging ideas and problems from throughout history, and given some of the tools to try and work out the solutions for the problems themselves, and more importantly, to have some of the creative thinking required for these solutions laid bare.

It is probably true that this may mostly be a matter of differing definitions and I may be being especially pedantic here. Obviously formal mathematical logic is a critical part of mathematics; I’m not trying to argue that. It is also true that many students are never exposed to formal mathematical reasoning in the current k-12 system. All I’m trying to argue is that there is more to mathematical thinking than formal logic, and that I would probably not have this complaint if Keith had labelled his course something like "Introduction to Formal Mathematical Reasoning."

 

Structure

The course has a series of videos which have to be watched, and which include in-video quizzes, which have to be completed in order to gain course credit. There are also a series of problem sets which also have to be completed. In order to gain the certificate of achievement for the course, and a related course grade, students need to complete the quizzes and problem sets (submitted in the form of a solutions to a multiple choice exam). There are also problem sets which do not count toward course completion and have a much more open-ended set of solutions.

Despite the fact Keith has repeatedly said that people should not focus on the lectures and the quizzes, people continued to do so in the forum discussions, even taking the time to point out minor mistakes and omissions made. Why would they do this, if the teacher of the course is telling them not to worry too much about them? Quite simply put; when you place a series of tasks in front of people in the context of a course, they will naturally choose whichever of those tasks is most necessary for them to complete for credit. So even though the forum discussions and study groups could be a far more effective way for students to figure out how to solve the open-ended problems, they will focus on the lecture quizzes and problem set quizzes because these are what are necessary for completion of the course. For an example of platforms which put emphasis on the discussions, questions, and comments of their users (such as Keith wanted people to do as per his emails out to the participants of the course) explore Stack Overflow or Quora.

The course had time limits set for completing the in-lecture quizzes, and the problem set quizzes. It seems to me that this is completely arbitrary. Why set time limits when the quizzes are all machine graded anyway? We set time limits as teachers mostly for administrative reasons (it is really hard to grade a bunch of assignments that come in at different times) or as some would argue (can you tell I disagree with this argument?): "to teach people how to meet deadlines." Since neither of these is a concern for Keith and his team, I do not understand the use of the time limits at all, except that it replicates one aspect of what happens in an offline university course as well. My recommendation: set the time limits for the very end of the course, or perhaps a day or two earlier. This allows students to catch up without penality, which again would lead to a greater number of students completing the course.

 

The positive

I really liked the problem sets I looked at. Some of the problems given were so good, I shared them with colleagues from outside of the course. One of my colleagues incorporated some of the problems into her own classroom, and at one point three of us discussed one of the problems, and a possible solution to it, at length. The problems themselves were an excellent source of discussion, and I noticed a lot of strong positive discussions around the problem sets on the discussion boards.

Having an ability for people to have essentially unmoderated conversations around formal mathematical logic is excellent. The discussion forums were filled with people discussing the intricacies of formal mathematical language, and trying to explain these concepts to each other. It cannot be a bad thing to have thousands of people discussing mathematical ideas.

The distinction Keith made between how language systems work and how formal mathematical language works was an important point, which is often missed by people studying mathematics. We use formal systems for a reason; they prevent (or at least minimize?) ambiguity. Ambiguity in language is a problem that mathematicians struggle to avoid, and which the non-mathematician sometimes has no patience for resolving.

The peer review system for grading assignments is a very interesting idea, and one which I wish I had more opportunity to observe. I think that the idea of peer reviewing work in an online setting is a powerful one, as it allows us to move away from quantitative (and sometimes misleading) descriptions of student engagement and learning in an online setting, and move toward a more qualitative description of student learning. The numbers rarely give the entire picture when students are learning, and so anything that produces a different picture of that learning is valuable.

 

Summary

I think that creating an experience through which students learn mathematical reasoning is a terrific idea, and I’m impressed with the work Keith Devlin and his team did to work on such an experience. Many people I’ve spoken to think that the course content for Keith’s Mathematical Thinking course is excellent; I do not disagree, I was just hoping for a different emphasis.

I believe that online learning has the potential to be more centred around the needs of students, and connecting people in new ways, who learning similar information, but I think that the Coursera course structure has a long way to go before this will be easy to do in their environment. We don’t need to emulate the pure classroom experience any longer, we can create new experiences and allow students to learn material in wholly new ways.

I felt like there were a lot of positive aspects of the MOOC Keith created (as per above) and I look forward to keeping track of this project as it evolves over time. I’m also going to post a summary of an idea I’ve had around creating a space for learning mathematical ideas in an online setting. After all, if I am to critique someone else’s work, I should put my own work out to be critiqued as well.

Joining the CFHE12 MOOC

I’ve decided to participate a MOOC on the future of higher education. The MOOC is being faciliated by George Siemens and Rory McGreal, and seems like it will be a vastly different experience than the MOOC on Mathematical Thinking I’m currently exploring being run by Keith Devlin. My primary objective will be to explore the difference in format between these two MOOCs and see which of them I think is a more productive learning environment, specifically focused on the needs of my students.

Hopefully I’ll also get a chance to meet some people who are involved in coordinating these types of learning experiences for their universities.

Testing new Captcha system

So I have quite a bit of spam which is posted to my site, probably between 50 and 100 comments a day at least. I’ve been using some heavy handed spam filters to try and curb it, but these filters have probably blocked legitimate comments, which kind of defeats the purpose of having a blog. One solution is to use a Captcha instead of a spam filter, but these are generally easy to circumvent with a bit of programming to defeat the Captcha. What I’ve done is created my own unique Captcha system, which is probably not worth the effort for anyone to crack (given that I have only 1 site using the Captcha so the reward for solving it is minimal). This should block spam computer programs from posting comments to my blog, and so I’ve (at least temporarily) disabled the anti-spam filters.

The solution is unfortunately not accessible. I will look into a way of providing an audio file replacement in case anyone who is visually impaired is reading my blog and wants to comment. For now, if that is the case, please feel free to use the contact link above.

Could you please test that this Captcha works for me? I want to verify that I have not accidentally made it impossible for anyone to comment.

Update:

It seems that my Captcha works. I’ve received only 3 spam since I implemented it, all of which could have easily been entered by a human being. Comparing this to the hundreds and hundreds of spam I used to receive in the same time period makes me happy. Hopefully this mean that it will be also easier for actual human beings to comment on my blog.

Here’s 3 minutes of my website log. Almost all of the rest of my log is filled with similar mesages, so I’m encouraged by the success of my Captcha module. Some spam has gotten through, but so far it seems that it is either infrequent, or I can block the spammer by IP address.

Captcha log

Leadership 2.0 chat

George Couros has set up a series of speakers on the general topic of leadership in schools in the 21st century. Starting today, and for each of the following nine weeks, George will be facilitating presentations from exceptional leaders from across North Ameria. You can read more about his initative on his blog.

To help extend this conversation, George asked me to moderate a Twitter discussion on the same or related topics on the Thursday following the webinars. The first discussion is happening this Thursday at 7pm PST and our first discussion topic is, "What does leadership 2.0 mean?" The hashtag for the discussion is #leadership20 if you want to follow along.

Please share this discussion series with any educational administrators you know (or any aspiring educational leaders). Anyone who has an interest in educational leadership is welcome to attend the discussion.

Copyright in Canada

Introduction

My colleague and I presented last night to the rest of our colleagues about copyright. We spoke about the state of copyright in Canada, and what implications this has on our classroom teaching & learning. This is the presentation we used. Unfortunately, an article by Larry Kuehn suggested to us that some of what we shared was in fact no longer true. Not wanting to present an incomplete or inaccurate picture to our colleagues, we did some further research.

The first thing we discovered is that Larry Kuehn’s article refers mostly to the impact of Bill C-11, which is not currently in effect (it has yet to be formally passed as a law), which means that although we will have to give another presentation on copyright when the bill comes into effect, our presentation yesterday was still substantially true.

What follows is my interpretation of current and future copyright law, and should not be considered an expert opinion on this matter.

 

Current Copyright

During the process of our research, we discovered that there are a number of Supreme Court of Canada rulings that do impact education in Canada in the current environment. The Supreme Court of Canada rulings, according to Contact North, operate under three principles:

  1. An Unequivocal Endorsement of Users’ Rights
  2. Technological Neutrality as a Foundational Principle of Copyright Law
  3. Expansion of Fair Dealing

The first principle means that the Supreme Court assumes that users’ rights in terms of copyright use are important and foundational to determining, when there is an apparent conflict between user and copyright holder rights, what right the user has to copy and access copyrighted material. 

The second principle re-enforces the idea in current copyright law that copyright should be technology neutral. For example, it is currently not permitted to scan a textbook, and then share that material in an online environment, even when such sharing is of a limited portion of the entire textbook, but it is considered permissible to share the same exact work by photocopying and handing it out. This ruling suggests that if sharing a portion of work is acceptable in one format, it must be acceptable in all formats.

During my MET degree at UBC, we were required to purchase paper copies of the research and articles our professors wanted to share with us, even though the entire program was online. I thought this was kind of ridiculous, but it turned out that UBC was, at the time, required to purchase a separate license for sharing work in a different medium than a photocopy. Now, if my interpretation of this principle is accurate (the recent Access Copyright ruling will also assist in this respect), UBC should feel free to share their educational research in whatever format is most appropriate for them.

The third principle expands the possible uses of fair dealing. For example, the rulings from the Supreme Court indicate that "private study" could include study with a teacher. In particular, "[t]he word “private” in “private study” should not be understood as requiring users to view copyrighted works in isolation." (Alberta (Education) v. Canadian Copyright Licensing Agency , Supreme Court of Canada, July 12th, 2012). Teachers can now make copies of work under fair dealing for the purpose of assisting their students with their private study, provided they are only providing short excerpts of that work, and they are not required to pay any fee to Access Copyright for this right.

 

Future copyright law

Bill C-11 appears to significantly expand user rights for copyrighted material, in many of the same ways such access has been improved for users of copyrighted material in the United States.

The non-commercial user generated content section of the law, for example, makes it explicitly clear that users have a right to use copyrighted material in their own creations provided such creations are: not for commercial purposes, they cite their source of material clearly, the work they are copying is itself not in violation of copyright, and the work created does not substantially harm the commercial rights of a copyrighted work. This will mean that students will be free to use copyrighted material in their projects (provided they cite their work appropriately), since it should be clear that no student work is likely to harm the commercial interests of a copyright holder’s work.

A further benefit of the law is that it distinguishes between damages for violations of copyright for commercial and non-commercial purposes. Basically, the penalties for copyright violation are greatly reduced for violates that result in non-commercial uses of copyrighted material.

It also adds some limitations for copyrighted material that may be quite difficult for educational instutions to manage. For example, if a student has received copyrighted course material in a course delivered via telecommunications technology (ie, any online course), educational instutions are expected to delete such work within 30 days of the end of the course, as defined by the date students received their end of course evaluations. This could end up be quite cumbersome for teachers, especially teachers who teach the same, or essentially the same, course many years in a row.

 

What is not addressed

Lawrence Lessig makes an excellent argument for an even greater expansion of user rights for copyrighted material, and Bill C-11 does not go as far as his vision of reformed copyright law. The digital rights management clause of Bill C-11 is problematic, as it almost certainly guarantees that we will continue to see the rise of digital rights management (DRM) materials, as the law allows for modification of work which has no DRM, and no modification of work with DRM included.

The law does not recognize that ideas themselves are often not generated in isolation, and that allowing for copyright on one portion of a work means that whomever gets to the copyright office first with a trademark, patent, or copyright request will hold copyright on ideas that may in fact be the culimation of many people’s work. Stephen Johnson describes how ideas are usually formed in networks, and that it can be difficult to attribute an idea to a specific individual. Copyright law still assumes this is not the case – that ideas are somehow formed in this magical ether separate from the rest of humanity. As Sir Isaac Newton observed, "If I have seen further it is by standing on ye sholders of Giants [sic]."

Copyright law is generally biased toward people with the resources to fight for their copyright, and to promote their work over others. The new copyright law does not significantly address this inequality. We have situations around the world where companies are bought and sold because of the patents they hold, since the potential intellectual property rights of those patents is huge, regardless of whether those patents actually ever get used. We have potentially thousands of devices which could improve human existence which will never be created because they aren’t cost effective for the companies that hold the patent, and for which the patents are too expensive for small developers to afford.

 

References:

Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), 2012 SCC 37

Re:Sound v. Motion Picture Theatre Associations of Canada, 2012 SCC 38

Rogers Communications Inc. v. Society of Composers, Authors and Music Publishers of Canada, 2012 SCC 35

Entertainment Software Association v. Society of Composers, Authors and Music Publishers of Canada, 2012 SCC 34

Society of Composers, Authors and Music Publishers of Canada v. Bell Canada, 2012 SCC 36

Bill C-11, "An Act to Amend the Copyright Act", retrieved September 27th, 2012

Contact North, "The Perfect Storm: Canadian Copyright Law 2012", retrieved September 27th, 2012

Michael Geist, "Beyond Users’ Rights: Supreme Court Entrenches Technological Neutrality as a New Copyright Principle", retrieved September 27th, 2012

Larry Kueh, "Education is the big winner in copyright changes", retrieved September 27th, 2012