There is an interesting angle in a press release issued on 7/8/2006 by eCollege, a significant US competitor to Blackboard, and picking up on a point also made by John Mayer on 2/8/2006. (Mayer's legally-oriented blog has plenty else on it of interest.) Extract from the eCollege press release:
Thorne (Chairman and CEO of eCollege) concluded his comments by stating, "The fact that one company has been granted a patent for such a broad application and now is engaging in litigation with another eLearning provider is unfortunate for a market that traditionally has been fueled by innovation and choice. It also is unfortunate that Blackboard chose not to issue a press release when the patent was awarded this past January, at a time when the Department of Justice was investigating the antitrust ramifications of Blackboard's merger with its competitor, WebCT."
Of course, not issuing a press release does not mean Blackboard failed to tell the DoJ of its patent: what it does mean is that Blackboard's competitors, who presumably had their eye off the patent ball* - as did the rest of the e-learning community - did not use the existence of the patent to oppose Blackboard's acquisition of WebCT. Which presumably they would have done.
Links
- Blackboard 6/2/2006 press release announcing that the DoJ had cleared the "merger".
- Interesting 8/8/2006 legally confident posting by John Ottaviani, a guest writer on the blog of Eric Goldman who teaches Law at Santa Clara University School of Law.
- Corrosive and witty 8/8/2006 view of Blackboard's "spin strategy" by Al Essa, whose other analysis is worth examining.
* in fact eCollege looks like its eye has been firmly on the patent ball: see this Open Letter to the Chairman and CEO of eCollege.
Updated with footnote, and further links, 9/8/2006. Attributed link to posting by John Ottaviani, rather than Eric Goldman, 12/8/2006.
Note. Other posts about the Blackboard patent:
- 25 January 2007 - United States Patent & Trademark Office orders re-examination of Blackboard Patent;
- 9 December 2006 - Two contrasting views about software patents. A debate between Eben Moglen and Blackboard's Matt Small;
- 2 December 2006 - Blackboard: two separate re-examination requests to the US Patent and Trade Mark Office; and an application to the Court from Desire2Learn for a stay in proceedings;
- 27 October 2006 - EDUCAUSE on Blackboard: "patenting a community creation is anathema to our culture";
- 16 October 2006 - John Mayer interviews various lawyers with patent knowhow;
- 10 September 2006 - The new "post-patent" environment for e-learning: a perspective. Guest contribution by Jim Farmer;
- 9 September 2006 - Blackboard's work for IMS;
- 8 August 2006 - Did the US Department of Justice know about the patent when it cleared Blackboard's acquisition of Web CT?;
- 26 July 2006 - Blackboard's US Patent 6988138.
Should organisations now put public knowledge and knowhow on Wikipedia instead of publishing it themselves? Views requested.
This 21/7/2006 article in the Times by Ben MacIntyre caught my eye whilst reading a free copy of the Times on a train. It shows the way that Wikipedia is becoming mainstream, and it gets to what for me is a "nub" issue: if I know and care about something, should I contribute to the relevant Wikipedia entry?
Here is an extract:
For me the answer is "it depends how much I care", and as indicated previously, I've found myself compelled to make several additions and a few changes to Wikipedia's History of VLEs, because I am so narked that Blackboard Inc. seems to have patented ideas and methods that I and loads of others helped in a small way to create, for the public good.
An interesting side effect has been the informal learning that I've done in the process - both about the history of VLEs, and about the way that Wikipedia works.
I'm now pretty well convinced that "the place to put stuff" that might be of value to others is on Wikipedia, rather than, say, on an organisation's web site. Here is an example:
Continue reading "Should organisations now put public knowledge and knowhow on Wikipedia instead of publishing it themselves? Views requested." »
Posted on 08/08/2006 in News and comment | Permalink | Comments (4)
|