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It's a technical problem, more than a licensing problem.

perhaps as open-source software

that the content and content access should be free. Even the interactive experience, the computerized part would be free -- subsidized, actually -- but the services we provide are not free

I think it would be hard to make a lot of money with content in an age where content can easily go from one platform to another.

The remixing is a good point -- you certainly can take our videos

labeled "Standard YouTube License."

A MOOC licensed in this way would be on par with an OER textbook, like the ones from OpenStax College, which instructors can use as is or with their own modifications

the YouTube program is specific to CC BY -- the most permissive version

Udacity's Terms of Service specify that content is published under the Creative Commons Attribution-NonCommercial-NoDerivs 3.0 License, the most restrictive version

derivative works are expressly prohibited

Creative Commons Director of Global Learning Cable Green specifically recommends that CC NC ND works not be considered OER.

Udacity has gone farther in the direction of making these chunks of content independently available than the other big MOOCs

"Except as otherwise expressly permitted in these Terms of Use, you may not copy, sell, display, reproduce, publish, modify, create derivative works from, transfer, distribute or otherwise commercially exploit in any manner the Class Sites, Online Courses, or any Content.

this is being treated as a gray area

Those aren't unreasonable terms for a startup trying to discover a business model, but neither are they OER.