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Blackboard E-Learning PatentA little bird wrote: You may or may not have heard that the major Learning Management System player, Blackboard (75% share), has recently gotten offensive with a patent claim. They're suing another player in our space, Desire2Learn. It's caused a massive uproar amongst the elearning community, as there are huge and obvious issues of prior art that appear to have been completely ignored by the patent office. The open source community (Moodle, and also Sakai) and other commercial players are collaborating using wikipedia to gather prior art history. It's lit the wires unlike any topic I've seen in recent memory. There's some interesting backlash on boycottblackboard.org. See also the Wikipedia entry offering a plain language translation of the patent. It's a great example of someone using clear and ordinary language to illustrate just how far patent filings have come from their original intent of instructing people about how a purported invention works, and how far they go to obscure by legal language the appropriate prior art. I also find it interesting that Wikipedia is being used as a venue for this activism. It says something important about the role that Wikipedia is beginning to play as a canonical source for information about important topics. A few more relevant links: 1. A No Edu Patents website has sprung up in the wake of this. 3. The online petition against Blackboard's patent, with several of their customers piping in. 4. The Moodle Community wiki about the patent and what it means, with postings by Moodle founder Martin Dougimas. (O'Reilly publishes a book on Moodle, Using Moodle.) |
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Comments: 21
Riley [13 August 2006 07:18 AM]
I am an internet consultant and Blackboard will never recieve a recommendation from me. I cannot in good faith reccommend my clients to dirty company and patent troll.
James Lyon [13 August 2006 07:43 AM]
Well, Blackboard has been growing in size for a long time now. Acquiring company after company, some of which have been around much longer than Blackboard. Therefore, their claims to the patent are blurred, and the e-learning community must work even harder to undo the damage that the patent has done already. I work as a software architect for a company who has more than a decade of prior art and I don't feel worried about Blackboard's claims as much as the patent office's apparent lack of research. It's as if, the patent office doesn't care about technology enough to look into individual filings truthfullness.
Ryan [13 August 2006 07:56 AM]
By the way, the plain English translation is at the No Edu Patents site, not at Wikipedia.
Alfred Essa [13 August 2006 02:16 PM]
I am surprised that the open source community has remained largely silent on the issue of software patents. Richard Stallman seems to be the lone voice.
Michael Feldstein [13 August 2006 03:31 PM]
Ryan is correct; the patent language is at NoEduPatents.org. That said, the Wikipedia entry on the History of Virtual Learning Environments became one of the early repositories for the prior art effort.
By the way, Al Essa, whose name links to his blog on his comment above, also has some outstanding analysis of the patent issues on said blog. Well worth the read.
Koshchei [13 August 2006 04:03 PM]
I certainly hope the EFF is considering this for its "Patent Buster" project. They've already managed to get a couple of ridiculous patents reexamined:
http://www.eff.org/patent/
Alfred Essa [13 August 2006 05:41 PM]
I contacted the EFF a couple of weeks ago but they have yet to respond. Does any know how we can get it on their radar?
Luis Villa [13 August 2006 09:37 PM]
Al: I nearly emailed you this morning about this; should have known you'd already be on it. :) I might suggest poking the Public Patent Foundation (pubpat.org)- this patent seems right up their alley.
Scott Petersen [14 August 2006 09:32 AM]
I worked on Computer Based Training for the U.S. Air Force, U.S. Postal Service and in private industry between 1991 and 1998. After a quick perusal of the English translation, I didn't see anything in their claims that isn't something we were doing fifteen years ago.
Chris Coppola [18 August 2006 09:24 AM]
Keep an eye on the Sakai Foundation. The Foundation has retained open source attorney Eben Moglen and his Software Freedom Law Center to fight the patent.
From the press release:
"The recent announcement by Blackboard that it is attempting to assert patent rights over simple and longstanding online technologies as applied to the area of course management systems and e-learning technologies, and its subsequent litigation against a smaller commercial competitor constitutes a threat to the effective and open development of software for higher education and the values underlying such open activities."
Chris Coppola [18 August 2006 09:25 AM]
Oops. Here's the URL for that press release:
http://www.sakaiproject.org/index.php?option=com_content&task=view&id=442&Itemid=312
WL Wong [21 August 2006 05:16 PM]
Hi,
Spotted this today...
Blackboard sues, gets sued over online process
patent http://washington.bizjournals.com/washington/stories/2006/08/21/story3.html
Anyone knows more?
Cheers
WL
Kevin [30 August 2006 08:25 PM]
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Anonymous [30 April 2007 05:30 AM]
This patent is to broad and general. There are other products such as the Lotus learning space that implemented this concept years ago. Generic patents of this type have really gotten out of hand.
Randall Shimizu [30 April 2007 05:31 AM]
This patent is to broad and general. There are other products such as the Lotus learning space that implemented this concept years ago. Generic patents of this type have really gotten out of hand.
Randall Shimizu [30 April 2007 05:32 AM]
This patent is to broad and general. There are other products such as the Lotus learning space that implemented this concept years ago. Generic patents of this type have really gotten out of hand.
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