EDUCAUSE on Blackboard: patenting a community creation is anathema to our culture

On 26/10/2006 EDUCAUSE (which has around 2000 mainly US institutions and 200 businesses in membership, and which plays a similar role in the US to ALT, UCISA, SCONUL, and parts of JISC and JANET rolled into one and grown in size) released the full text of an unprecedently no holds barred letter to Blackboard Inc. concerning the Blackboard patent, originally delivered to the company on 9/10/2006.

Two sections of the letter, which is worth reading in full (along with the wide range of feedback on it) in this article in Inside Higher Education, stand out:

"Our community has participated in the creation of course management systems. A claim that implies this community creation can be patented by one organization is anathama to our culture."

"We believe that Blackboard should disclaim the rights established under your recently-awarded patent, placing the patent in the public domain and withdrawing the claim of infringement against Desire2Learn. We believe this action would be in the best business interests of Blackboard and in the best interests of higher education. We do not make this request lightly or underestimate the courage it will take to implement. However, we believe it is the right action for your corporation and our community."

According to Inside Higher Education, Blackboard’s 26/10/2006 response was:

"Blackboard has been (and remains) a long time supporter of Educause and the important role it plays for the academic community, but we are disappointed that Educause, an industry organization, is taking public positions on its members' intellectual property and enforcement efforts. We are proud of our innovations and believe protecting Blackboard’s intellectual property is tantamount to the success of the company and the evolution of the industry at large."

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.