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Fair use is critical to understand, say the code's developers, because copying, quoting, and reusing existing cultural material can help generate new cultural treasures.

Here are the code's five principles:

Educators' reliance on fair use therefore will be helped by this code of best practices, which will serve as a documentation of common understandings drawn from the experience of educators themselves and supported by legal analysis.

“black box theory”

Behaviorism

Cognitivism

Learning is viewed as a process of inputs, managed in short term memory, and coded for long-term recall.

Behaviorism and cognitivism view knowledge as external to the learner and the learning process as the act of internalizing knowledge.

learners are actively attempting to create meaning.

Learning theories are concerned with the actual process of learning, not with the value of what is being learned.

When knowledge is subject to paucity, the process of assessing worthiness is assumed to be intrinsic to learning. When knowledge is abundant, the rapid evaluation of knowledge is important.

Unlike constructivism, which states that learners attempt to foster understanding by meaning making tasks, chaos states that the meaning exists – the learner's challenge is to recognize the patterns which appear to be hidden.

Self-organization on a personal level is a micro-process of the larger self-organizing knowledge constructs created within corporate or institutional environments. The capacity to form connections between sources of information, and thereby create useful information patterns, is required to learn in our knowledge economy.

Connectivism is the integration of principles explored by chaos, network, and complexity and self-organization theories.

Connectivism is driven by the understanding that decisions are based on rapidly altering foundations. New information is continually being acquired. The ability to draw distinctions between important and unimportant information is vital. The ability to recognize when new information alters the landscape based on decisions made yesterday is also critical.

Capacity to know more is more critical than what is currently known

Within social networks, hubs are well-connected people who are able to foster and maintain knowledge flow. Their interdependence results in effective knowledge flow, enabling the personal understanding of the state of activities organizationally.

John Seely Brown presents an interesting notion that the internet leverages the small efforts of many with the large efforts of few.

Media, news, information. This trend is well under way. Mainstream media organizations are being challenged by the open, real-time, two-way information flow of blogging.

When knowledge, however, is needed, but not known, the ability to plug into sources to meet the requirements becomes a vital skill. As knowledge continues to grow and evolve, access to what is needed is more important than what the learner currently possesses.

We’ve seen an explosion in computer-mediated teaching and learning practices based on Web 2.0, in variety and scope too broad to summarize here. Think of the range from class blogs to Wikipedia writing exercises, profcasting to Twitter class announcements, mashups and academic library folksonomies and researchers’ social bookmarking subscriptions. CMSes react in the following ways: first, by simply not recapitulating these functions; second, by imitating them in delayed, limited fashions; third, by attempting them in a marginal way (example: Blackboard’s Scholar.com). CMSes are retrograde in a Web 2.0 teaching world.

CMSes shift from being merely retrograde to being actively regressive if we consider the broader, subtler changes in the digital teaching landscape. Web 2.0 has rapidly grown an enormous amount of content through what Yochai Benkler calls “peer-based commons production.” One effect of this has been to grow a large area for informal learning, which students (and staff) access without our benign interference.

Moreover, those curious about teaching with social media have easy access to a growing, accessible community of experienced staff by means of those very media. A meta-community of Web 2.0 academic practitioners is now too vast to catalogue. Academics in every discipline blog about their work. Wikis record their efforts and thoughts, as do podcasts. The reverse is true of the CMS, the very architecture of which forbids such peer-to-peer information sharing. For example, the Resource Center for Cyberculture Studies (RCCS) has for many years maintained a descriptive listing of courses about digital culture across the disciplines. During the 1990s that number grew with each semester. But after the explosive growth of CMSes that number dwindled. Not the number of classes taught, but the number of classes which could even be described. According to the RCCS’ founder, David Silver (University of San Francisco), this is due to the isolation of class content in CMS containers.

If we focus on the copyright issue, then the CMS makes for an apparently adequate shield. It also represents an uncritical acceptance of one school of copyright practice, as it enforces one form of fair use through software. However, it does not open up the question of copyright. Compare, for example, with the Creative Commons option increasingly available to content authors in platforms such as Flickr or WordPress. That experiential, teachable moment of selecting one’s copyright stance is eliminated by the CMS.

Another argument in favor of CMSes over Web 2.0 concerns the latter’s open nature.

Campuses should run CMSes to create shielded environments,

Yet does this argument seem familiar, somehow? It was made during the 1990s, once the first Web ballooned, and new forms of information anxiety appeared. Mentioning this historicity is not intended as a point of style, but to remind the audience that, since this is an old problem, we have been steadily evolving solutions. Indeed, ever since the 20th century we can point to practices – out in the open, wild Web! – which help users cope with informational chaos. These include social sifting, information literacy, using the wisdom of crowds, and others. Such strategies are widely discussed, easily accessed, and continually revised and honed. Most of these skills are not well suited to the walled garden environment, but can be discussed there, of course. Without undue risk of exposure.

Put another way, we can sum up the CMS alternative to Web 2.0’s established and evolving pedagogies as a sort of corporate model. This doesn’t refer to the fact that the leading CMS is a business product, produced by a fairly energetic marketplace player. No, the architecture of CMSes recapitulates several aspects of modern business. It enforces copyright compliance. It resembles an intranet, akin to those run by many enterprises. It protects users from external challenges, in true walled garden style. Indeed, at present, radio CMS is the Clear Channel of online learning.

The academic uses of realtime search follow the pre-Web pedagogy of seeking timely references to a classroom topic. Think of a professor bringing a newspaper to class, carrying a report about the very subject under discussion. How can this be utilized practically? Faculty members can pick a Web service (Google News, Facebook, Twitter) and search themselves, sharing results; or students can run such queries themselves.