February 2007 — News

Print this article

Click here to receive your FREE subscription to T.H.E. Journal

Blackboard Pledges Non-Assertion of Patent on Open Source Developers

by Dave Nagel

2/1/2007—In a surprise twist on the ongoing controversy over Blackboard Inc.'s e-learning software patent, the company today announced that it will not assert its patent rights against open-source developers. Blackboard had maintained previously that it was supportive of the pen-source community and that it would not be looking at those developers as targets for patent litigation, but it had stopped short of making a formal pledge until today.

Blackboard is a developer of software and services for the education market. The company became the focus of contention within education technology circles when, earlier this year, it obtained a patent for "technology used for Internet-based education support systems and methods" and then filed a patent-infringement suit against rival Desire2Learn in July 2006. Individuals and organizations, including EDUCAUSE, opposed the moves by Blackboard. In October, EDUCAUSE President Brian L. Hawkins wrote a letter to Blackboard CEO Michael Chasen requesting that Blackboard "disclaim the rights established under [Blackboard's] recently-awarded patent, placing the patent in the public domain and withdrawing the claim of infringement against Desire2Learn." That letter was approved unanimously by EDUCAUSE's board of directors Oct. 8 and 9 and became public in late October 2006. (See link below for full text.) In November 2006, the Software Freedom Law Center (SFLC) filed a request with the United States Patent and Trademark Office (USPTO) on behalf of open-source developers Sakai, Moodle and ATutor to reexamine Blackboard Inc.'s e-learning patent. That request was granted by the USPTO in January, and the reexamination is presently underway.

"As a member of the e-Learning community, we are committed to the open exchange of ideas, collaboration and innovation," said Michael Chasen, president and chief executive officer of Blackboard, in a prepared statement. "This 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 a prepared statement released today, Blackboard said, "Specifically, the Pledge commits Blackboard not to assert U.S. Patent No. 6,988,138 and many other pending patent applications against the development, use or distribution of open source software or home-grown course management systems anywhere in the world, to the extent that such systems are not bundled with proprietary software.

As part of the Pledge, Blackboard promises never to pursue patent actions against anyone using such systems including professors contributing to open source projects, open source initiatives, commercially developed open source add-on applications to proprietary products and vendors hosting and supporting open source applications. Blackboard is also extending its pledge to many specifically identified open source initiatives within the course management system space whether or not they may include proprietary elements within their applications, such as Sakai, Moodle, ATutor, Elgg and Bodington.