We would like to share our perspective on the Blackboard Patent Pledge issued Feb 1, 2007. As we have maintained since July 2006 when Blackboard launched the patent suit, we will address the matter in an open and collaborative manner with the academic community. We have and continue to act in a manner that represents the best interest of education to ensure that the academic community has choice and continues to see innovation to improve teaching and learning worldwide.
Please see links below for a sample of the blog posts which highlight possible reasons for Blackboard attempting to mollify the Open Source community.
We at Desire2Learn are unwavering in our position that the patent claims are invalid and unenforceable against Open Source, our competitors, and us, and that we do not infringe on the claims. We look forward to a decision by the United States Patent & Trademark Office (USPTO) on our comprehensive petition for an Inter Partes re-examination of the patent. We will continue to invite Blackboard to dissipate the cloud that it has cast over innovation and the educational ecosystem.
The "pledge" does not alter Blackboard's attempt to dictate educational software business models. We will continue to resist Blackboard's attempts to monopolize the methods by which universities, schools, libraries, and other entities build their educational platforms. Blackboard continues – with the "pledge" perhaps even to a greater degree – to decree with whom education and business worldwide may conduct business. The users – not the vendor – should determine which competitive offering best fits the needs at their institution. By attempting to dictate educational software business models, Blackboard appears to fear competition.
In taking the "pledge," Michael Chasen claimed: "[Blackboard is] committed to the open exchange of ideas, collaboration and innovation . . . [t]his pledge is part of that commitment and our continued efforts to work collaboratively with the e-Learning community to foster greater openness and interoperability." In light of Blackboard's purported change of heart it suggests in its "pledge", and the USPTO's decision to grant re-examination of the patent, we encourage Blackboard to give meaning to Mr. Chasen's words, and to join us in requesting that the court stay the litigation until the USPTO has had an opportunity to complete its work. This action would enable all members of the community – including Blackboard – to focus on their primary objectives.
If Blackboard were truly concerned about its customer base, Open Source, and education at large, it would welcome the USPTO's decision to re-examine the patent in light of both the SFLC petition, as well as any subsequent decision by the USPTO on our own comprehensive petition.
Once again we would like to thank the academic community for their ongoing support in this matter. We look forward to continuing to work with the community to enhance teaching and learning worldwide.
For related links, visit:
Stephen's Web: http://www.downes.ca/cgi-bin/page.cgi?post=38282
Seb Schmoller: http://fm.schmoller.net/2007/02/blackboard_issu.html
Barry Dahl: http://desire2blog.blogspot.com/2007/02/now-we-love-blackboard-not.html