Law in the Internet Society

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JonathanBoyerFirstPaper 15 - 10 Dec 2009 - Main.JonathanBoyer
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Since the influential 1983 report, A Nation at Risk, commissioned by the Reagan administration, political and social focus on the disparity of educational outcomes among various racial and socioeconomic groups -- termed the "achievement gap" -- has sharpened. From one perspective, a critical prerequisite of creating an environment in which every human brain is able to learn is extinguishing intellectual property rights afforded to makers of software and authors in general. If this were reality, teachers and students would have entirely free access to textbooks, curriculum plans, educational software, and an endless variety of reading materials. The sections outlined below attempt to explain how various complexities within the American public education system might inhibit these free-access privileges from closing the achievement gap.
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Since the influential 1983 report, A Nation at Risk, commissioned by the Reagan administration, political and social focus on the disparity of educational outcomes among various population strata -- termed the "achievement gap" -- has sharpened. From one perspective, a critical prerequisite of creating an environment in which every human brain is able to learn is extinguishing intellectual property rights afforded to makers of software and authors in general. The sections outlined below attempt to explain how various complexities within the American public education system might inhibit these free-access privileges from closing the achievement gap. This is not to say that institutional obstacles are reasons for rejecting a hypothetical world in which information flows freely; rather, it is just, plain, helpful to anticipate challenges that might arise, even if those challenges prove to be overstated or off the eventual mark.
 

Free Textbooks & Curriculum Plans

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Free Educational Software

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Given a legal regime in which all software is free, it is reasonable to anticipate a re-vitalized software programming environment in which a larger pool of programmers have the freedom to collaborate in producing a greater assortment of educational software. While it is difficult to imagine how this could have a negative effect on education as a whole, there would be challenges in terms of leveraging educational software in a way that could narrow the achievement gap. Beyond the fact that those on the losing side of the achievement gap are typically poor and often lack homes/home-computers, children with inherent neurocognitive deficits and/or unsupportive parents generally present the most complicated educational challenges. Without a sufficient supply of programmers who are cognizant of, and sufficiently understand, these challenges, it is plausible that a free software market would become inundated with programs that are remarkably adept at enhancing the education of natural born learners but less adept at untangling the roots of the achievement gap. In other words, if an educational software market neglects students who are 1+ standard deviations below various cognitive means, educational achievement might be enhanced on average, but the achievement gap might be untouched or even widened.
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Given a legal regime in which all software is free, it is reasonable to anticipate a re-vitalized software programming environment in which a larger pool of programmers have the freedom to collaborate in producing a greater assortment of educational software. While it is difficult to imagine how this could have a negative effect on education as a whole, there might be challenges in terms of leveraging educational software in a way that could narrow the achievement gap. Beyond the fact that those on the losing side of the achievement gap are typically poor and often lack homes/home-computers, children with inherent neurocognitive deficits and/or unsupportive parents generally present the most complicated educational challenges. Without a sufficient supply of programmers who are cognizant of, and sufficiently understand, these challenges, it is plausible that a free software market would become inundated with programs that are remarkably adept at enhancing the education of natural born learners but less adept at untangling the roots of various achievement gaps. In other words, if an educational software market neglects students who are 1+ standard deviations below various cognitive means, educational achievement might be enhanced on average, but the achievement gap might be untouched or even widened. While it is certainly possible that a free software market might be more inclined to address the neglected (as an otherwise profit-driven market might focus on the larger pool of "normal" customers), this does not entirely solve the fundamental problem that the complex learning problems contributing to achievement gaps will be more difficult to program around.
 

Free Reading Material

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Backed by the legal argument that all children have a right to read and learn, many contend that all reading material should be void of copyright and thus free to all. As a consequence, underfunded schools would be able to afford sorely needed reading materials, and poor children would have unobstructed access to similar materials at home. Unfortunately, though, better access does not create an automatic conveyor belt to educational consumption. More like a necessary baby-step, free access to reading materials is far from sufficient for the purposes of closing the achievement gap. Without a mutually reinforcing combination of parental leadership and intrinsic motivation, educationally starved children would have solid food but no teeth. Or they might rather starve than take the time/energy required to use a can-opener.
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Backed by the legal argument that all children have a right to read and learn, many contend that all reading material should be void of copyright and thus free to all. As a consequence, underfunded schools would be able to afford sorely needed reading materials, and poor children would have unobstructed access to similar materials at home. Unfortunately, though, better access does not create an automatic conveyor belt to educational consumption. More like a necessary baby-step, free access to reading materials is far from sufficient for the purposes of closing achievement gaps. Without a mutually reinforcing combination of parental leadership and intrinsic motivation, educationally starved children would have solid food but no teeth. Or they might rather starve than take the time/energy required to use a can-opener.
 
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At its core, the achievement gap in the United States is marked by social, political, and economic realities that have created inequitable disparities between how various sub-groups of children value and consume particular types of information. Although curing deficient access to information is a necessary goal that might also fully address some individual problems, it is overly optimistic to assume that this alone will significantly affect the achievement gap. Ultimately, the theoretical right to read and learn will not be fully vindicated until behavior patterns strongly associated with socioeconomic status -- reinforced through multiple generations -- are transformed so that a fully-stocked public library next door does not go unmentioned in a child's household.
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At its core, the achievement gap in the United States is marked by social, political, and economic realities that have created inequitable disparities between how various sub-groups of children value and consume particular types of information. Although curing deficient access to information is certainly a necessary goal that might also fully address some individual problems, it is overly optimistic to assume that this alone will significantly affect the achievement gap. Ultimately, the theoretical right to read and learn will not be fully vindicated until behavior patterns strongly associated with socioeconomic status -- reinforced through multiple generations -- are transformed so that a fully-stocked public library next door does not go unmentioned in a child's household.
 
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 Free, open collaboration could fit in here by designing better educational software, and by making it more accessible to the kids who need it most.

-- GavinSnyder - 03 Dec 2009

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Justin,

Thanks again. Through my revisions, I am currently attempting to address some of the posted comments. I am compelled to reiterate, though, that the purpose of this essay was not to present a thesis about everything that might be feasible; the goals of the essay were to raise concerns and ask questions that people might otherwise neglect to consider. Judging by the comments received and the thoughts provoked, I am somewhat pleased with the extent to which those goals were achieved. I have no doubt that given a room full of 1,000 readers, there would be an endless variety of responses or "solutions" to these questions and concerns. While the coordination you suggest is not beyond imagination and might be feasible given a monumental shift in education administration, it remains an obstacle and a concern nonetheless. Perhaps someone can address or solve it in what would be a great topic for an education law/administration journal article. But I don't see myself doing that here.

-- JonathanBoyer - 10 Dec 2009

 
 
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Revision 15r15 - 10 Dec 2009 - 23:34:54 - JonathanBoyer
Revision 14r14 - 03 Dec 2009 - 03:42:18 - GavinSnyder
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