I was brought around to revisit open educational resources as a cponsequence of my talk on the west coast last week, and it reminded me of this problem. here we have Lawrence Lessig's Free Culture, licensed through Creative Commons, being sold on Kindle. And, "Kindle books are of course not reusable or adaptable in any way that the Creative Commons license allows for." The problem is, there's nothing in the Creative Commons licenses that prohibits this. That's how you can make a free work - such as Lessig's book - available only for a price, if you can control the distribution market (as Amazon does with Kindle, as Apple does with iPhone and iTines, etc.).
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