Curriculum Provider Loses Court Fight With FedEx Over Copying ‘Open’ Materials - Sean Cavanagh, EdWeek

A federal appeals court has ruled against a curriculum company in its battle to force FedEx to compensate it for copying reams of its academic resources for use by schools, in a closely watched case among supporters of “open” educational resources. The nonprofit curriculum provider Great Minds creates and distributes open resources, or materials developed on licenses that allow them to be freely shared, repurposed, and remixed by schools. But it had argued that the copying FedEx has done on behalf of schools went too far, and that the office-supply and delivery behemoth was improperly profiting from Great Minds’ labor. The U.S. Court of Appeals for the Second Circuit disagreed, rejecting Great Minds’ argument in a March ruling and affirming an earlier decision of a federal court. Great Minds asked for a re-hearing, but was denied.


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