Stephen Downes provides a clear and comprehensive statment about the Blackboard LMS patent, reactions to the patent claim, and the implications the BB patent has for open source efforts. This is an important article to read and reference. ____JH
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"I have argued in the past that the thieves in our community are not the file sharers and the advocates of open source, but rather, those who use the nuances of the legal system to take something created by others and to make it their own (Downes 2003). I agree with Howard Rheingold: 'Blackboard's actions are shameful, greedy, and bogus, and they have the potential for retarding the development of online learning throughout the world' (2006, ¶ 1)."
[Editor's Note: Blackboard representatives were asked to submit a counterpoint article, but this offer was declined.]
A Patent Dilemma (Volume 3, Issue 2, December 2006/January 2007). When Blackboard unveiled its U.S. patent for 44 features of learning management systems and then filed a patent infringement suit against Design2Learn, the educational technology community's response was negative and swift. Stephen Downes discusses why many educators oppose both the patent and Blackboard's claims to the underlying technology long considered in the public domain. He also highlights the dangers presented by Blackboard's patent claims, not only to its commercial competitors, but also to open source learning management systems. Downes argues that Blackboard's actions not only distract from current research, but also strengthen distrust of commercial involvement in educational technology development. Moreover, Downes contends that Blackboard has violated the implicit ethical tenets of communal ownership and exchange which have long characterized the educational software community. [Innovate]
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