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The potential benefits of OER have led many European governments to implement policies supporting their creation and use. This article aims to put these OER policies in context, discussing their focus and scope and highlighting challenges and bottlenecks. On the basis of the analysis of the current state of the art, it is argued that one of main barriers to reaping the benefits of OER is fragmentation combined with a lack of clear and uniform legal frameworks. The recent European "Opening up Education" initiative is presented as a way to overcome these barriers by creating synergies and joining efforts across Europe.