Comments on: An Eye-Witness Account of the Trial http://mfeldstein.com/an-eye-witness-account-of-the-trial/ What Michael Feldstein Is Learning About Online Learning...Online Sun, 20 Jul 2008 10:13:45 +0000 http://wordpress.org/?v=2.0.5 by: Jeff http://mfeldstein.com/an-eye-witness-account-of-the-trial/#comment-49582 Fri, 29 Feb 2008 19:15:06 +0000 http://mfeldstein.com/an-eye-witness-account-of-the-trial/#comment-49582 Thanks Jim for your careful and detailed observations. To gdp, I'm not sure how you interpreted Jim's writings as "very biased, and rude" or how he is one of those "who think every citizen of East Texas is stupid". Quite the contrary. Jim described the jury in the following way, complimenting them on staying attentive and focused. (Though Jim's simile of Wal-Mart/pickup/church furthers a small-town stereotype that some might perceive as negative.) "The jury represented the community. Like people pushing their carts from Wal-Mart toward their pickup dressed as if they were going to church. Throughout the trial the jury focused on the testimony. No one ever appeared to be bored. No one relaxed even for a moment. Their eyes moved from the attorney to the witness across the room and back. They followed like spectators watching a slow motion tennis match." I am surprised at a (presumed) juror's reaction in this manner, feeling the need to defend him/herself and the others. In all the commentary I have read about this case, the jury is seldom criticized. Thanks Jim for your careful and detailed observations.

To gdp, I’m not sure how you interpreted Jim’s writings as “very biased, and rude” or how he is one of those “who think every citizen of East Texas is stupid”. Quite the contrary.

Jim described the jury in the following way, complimenting them on staying attentive and focused. (Though Jim’s simile of Wal-Mart/pickup/church furthers a small-town stereotype that some might perceive as negative.)

“The jury represented the community. Like people pushing their carts from Wal-Mart toward their pickup dressed as if they were going to church. Throughout the trial the jury focused on the testimony. No one ever appeared to be bored. No one relaxed even for a moment. Their eyes moved from the attorney to the witness across the room and back. They followed like spectators watching a slow motion tennis match.”

I am surprised at a (presumed) juror’s reaction in this manner, feeling the need to defend him/herself and the others. In all the commentary I have read about this case, the jury is seldom criticized.

]]> by: Jim Farmer http://mfeldstein.com/an-eye-witness-account-of-the-trial/#comment-49529 Fri, 29 Feb 2008 14:47:39 +0000 http://mfeldstein.com/an-eye-witness-account-of-the-trial/#comment-49529 GDP, I am sorry you thought the article did not respect the jury and the jury's contribution. With grandparents in Kilgore, Texas, I do respect the people and life style of farm and oil communities in East Texas, and their qualities. I tried to indicate the jury's intense focus on the case, the capabilities of the judge, clerks, and reporters who participated, and the thoughtfulness and respect the attorneys showed the jury, judge, and each other. The jury notes did demonstrate the thoughtfulness of the deliberations. One of the points I wanted to make was how complex these cases are and how difficult it must be for jurors to reach their verdict with confidence in their understanding of the law and the evidence. I was unaware and you made the point of how much travel time some of the jurors gave to attend the two-week trial. Yes, we should be thankful the ten of you were willing to make this effort. I apologize to all of you if you thought what I wrote was disrespectful of you, your community, or your efforts in this case. jim farmer GDP, I am sorry you thought the article did not respect the jury and the jury’s contribution. With grandparents in Kilgore, Texas, I do respect the people and life style of farm and oil communities in East Texas, and their qualities.

I tried to indicate the jury’s intense focus on the case, the capabilities of the judge, clerks, and reporters who participated, and the thoughtfulness and respect the attorneys showed the jury, judge, and each other.

The jury notes did demonstrate the thoughtfulness of the deliberations. One of the points I wanted to make was how complex these cases are and how difficult it must be for jurors to reach their verdict with confidence in their understanding of the law and the evidence.

I was unaware and you made the point of how much travel time some of the jurors gave to attend the two-week trial. Yes, we should be thankful the ten of you were willing to make this effort.

I apologize to all of you if you thought what I wrote was disrespectful of you, your community, or your efforts in this case.

jim farmer

]]> by: Wytze Koopal http://mfeldstein.com/an-eye-witness-account-of-the-trial/#comment-49525 Fri, 29 Feb 2008 14:12:56 +0000 http://mfeldstein.com/an-eye-witness-account-of-the-trial/#comment-49525 Thanks to both of you, Michael and Jim, for sharing this en keeping us all so up to date on this important matter. BTW: you might want to upgrade your wordpress version, it is quite old :-) Thanks to both of you, Michael and Jim, for sharing this en keeping us all so up to date on this important matter.
BTW: you might want to upgrade your wordpress version, it is quite old :-)

]]> by: Harold Jarche » Canadian eLearning Technology Holds its Own http://mfeldstein.com/an-eye-witness-account-of-the-trial/#comment-49519 Fri, 29 Feb 2008 13:30:15 +0000 http://mfeldstein.com/an-eye-witness-account-of-the-trial/#comment-49519 [...] This past month I’ve been conducting a learning management system (LMS) evaluation for a client, in collaboration with Bryan Chapman. We used the Brandon-Hall LMS knowledge base to gather data and I was amazed at how comprehensive it is, with 78 systems listed [I do not receive any benefits for recommending this knowledge base]. I also remarked at how many Canadian LMS are listed - twenty! For a nation 1/10 the size of the US, we’re doing quite well with our technology development. I guess that’s obvious when the largest academic LMS in the US sues its Canadian competitor. [...] […] This past month I’ve been conducting a learning management system (LMS) evaluation for a client, in collaboration with Bryan Chapman. We used the Brandon-Hall LMS knowledge base to gather data and I was amazed at how comprehensive it is, with 78 systems listed [I do not receive any benefits for recommending this knowledge base]. I also remarked at how many Canadian LMS are listed - twenty! For a nation 1/10 the size of the US, we’re doing quite well with our technology development. I guess that’s obvious when the largest academic LMS in the US sues its Canadian competitor. […]

]]> by: pipwerks.com » Blog Archive » More on the Blackboard vs Desire2Learn verdict http://mfeldstein.com/an-eye-witness-account-of-the-trial/#comment-49430 Fri, 29 Feb 2008 06:22:19 +0000 http://mfeldstein.com/an-eye-witness-account-of-the-trial/#comment-49430 [...] Michael Feldstein (Principal Product Manager for Academic Enterprise Solutions at Oracle Corporation): An Eye-Witness Account of the Trial With all the coverage of the Blackboard v. Desire2Learn case, most of us (including me) have very little insight into the actual trial process. And with emotions running high about the case, it’s easy for people to jump to extreme conclusions about the process and everyone involved in it. That’s why I’ve asked Jim Farmer to write a first-hand account of the portion of the trial that he attended. In addition to being a knowledgeable observer of the legal system as a former expert witness in the U.S. Tax Court on behalf of the California State University in Los Angelese and in District Court in Denver on financial aid software, Jim is also a gentleman’s gentleman. I knew that he would give an account that is fair-minded and charitable to all parties involved. And that’s what he did. [...] […] Michael Feldstein (Principal Product Manager for Academic Enterprise Solutions at Oracle Corporation): An Eye-Witness Account of the Trial With all the coverage of the Blackboard v. Desire2Learn case, most of us (including me) have very little insight into the actual trial process. And with emotions running high about the case, it’s easy for people to jump to extreme conclusions about the process and everyone involved in it. That’s why I’ve asked Jim Farmer to write a first-hand account of the portion of the trial that he attended. In addition to being a knowledgeable observer of the legal system as a former expert witness in the U.S. Tax Court on behalf of the California State University in Los Angelese and in District Court in Denver on financial aid software, Jim is also a gentleman’s gentleman. I knew that he would give an account that is fair-minded and charitable to all parties involved. And that’s what he did. […]

]]> by: gdp http://mfeldstein.com/an-eye-witness-account-of-the-trial/#comment-49388 Fri, 29 Feb 2008 04:02:31 +0000 http://mfeldstein.com/an-eye-witness-account-of-the-trial/#comment-49388 I am so sick of all of you people who think every citizen of East Texas is stupid. We are just as good, if not better than most of you big city slickers. Many of us have just as much, or in some cases more education than many of you who seem to get your rocks off, by poking fun at East Texans. Just for the record, I was one of the ten jurors in this case. So Jim, the remark "Each juror had a court-provided one-inch black binder to take notes, though I never saw anyone write." Is so wrong. You made it sound as if you was so observant of every one's each, and every move, obviously you are not that observant. We, the jury, made our ruling, based on evidence presented to us. If Desire2learn has not infringed Blackboard's patent, their attorney's should have been more prepared to prove they had not done so. I believe that all ten of us who sat on that jury for two weeks, missing work, many of us traveling up to 100 miles a day, time away from family, and everything else each of us endured to do our civil duty, and never complained about it, deserve more respect than we are getting from most of you. If you were not in that court room, each and every second of that trial, like all of us jurors were, you certainly do not have all of the facts, and information we were provided with, in which we had to base our decision. So I am not just speaking for myself, because personally, I do not care what any of you THINK of me, but the 9 other, great people that sat on that jury, certainly deserves more respect than all of you are showing. Jim, I realize, and appreciate that you did have a few good things to say in your article, but do not appreciate all the negative remarks you made. You claim to be a professional, but judging from this article, you are very biased, and rude, which even us East Texan's know, is not how a real professional presents, him or herself. I am so sick of all of you people who think every citizen of East Texas is stupid. We are just as good, if not better than most of you big city slickers. Many of us have just as much, or in some cases more education than many of you who seem to get your rocks off, by poking fun at East Texans. Just for the record, I was one of the ten jurors in this case. So Jim, the remark “Each juror had a court-provided one-inch black binder to take notes, though I never saw anyone write.” Is so wrong. You made it sound as if you was so observant of every one’s each, and every move, obviously you are not that observant. We, the jury, made our ruling, based on evidence presented to us. If Desire2learn has not infringed Blackboard’s patent, their attorney’s should have been more prepared to prove they had not done so. I believe that all ten of us who sat on that jury for two weeks, missing work, many of us traveling up to 100 miles a day, time away from family, and everything else each of us endured to do our civil duty, and never complained about it, deserve more respect than we are getting from most of you. If you were not in that court room, each and every second of that trial, like all of us jurors were, you certainly do not have all of the facts, and information we were provided with, in which we had to base our decision. So I am not just speaking for myself, because personally, I do not care what any of you THINK of me, but the 9 other, great people that sat on that jury, certainly deserves more respect than all of you are showing. Jim, I realize, and appreciate that you did have a few good things to say in your article, but do not appreciate all the negative remarks you made. You claim to be a professional, but judging from this article, you are very biased, and rude, which even us East Texan’s know, is not how a real professional presents, him or herself.

]]> by: Barry Dahl http://mfeldstein.com/an-eye-witness-account-of-the-trial/#comment-49299 Thu, 28 Feb 2008 17:54:33 +0000 http://mfeldstein.com/an-eye-witness-account-of-the-trial/#comment-49299 Hello Michael and Jim, Thanks very much for the vivid portrait from Lufkin and inside the courtroom. Jim, I'm sure that your very last sentence is referring to the courtroom demeanor of the two combatants, but I just can't stop thinking about that same sentence applied to the larger context of monopolist Blackboard trying to squash the up-and-coming competitor - "This is what higher education expects and deserves; we should be grateful." I'm having a real hard time finding a way to be grateful about any of this. Kudos to you for finding a silver lining in this terrible black cloud hanging over all of education - I wish I could be that positive about it. Thanks again. BD Hello Michael and Jim,
Thanks very much for the vivid portrait from Lufkin and inside the courtroom. Jim, I’m sure that your very last sentence is referring to the courtroom demeanor of the two combatants, but I just can’t stop thinking about that same sentence applied to the larger context of monopolist Blackboard trying to squash the up-and-coming competitor - “This is what higher education expects and deserves; we should be grateful.”

I’m having a real hard time finding a way to be grateful about any of this. Kudos to you for finding a silver lining in this terrible black cloud hanging over all of education - I wish I could be that positive about it. Thanks again. BD

]]> by: Scott Leslie http://mfeldstein.com/an-eye-witness-account-of-the-trial/#comment-49288 Thu, 28 Feb 2008 16:59:37 +0000 http://mfeldstein.com/an-eye-witness-account-of-the-trial/#comment-49288 Jim, thanks for this and for all your efforts to document and report on these nefarious events. Your exposition captures not only the craziness that is this ruling, but the surrounding conditions which are setting the stage for much more such craziness to come. Hurray for cottage industries, eh? Cheers, Scott Jim, thanks for this and for all your efforts to document and report on these nefarious events. Your exposition captures not only the craziness that is this ruling, but the surrounding conditions which are setting the stage for much more such craziness to come. Hurray for cottage industries, eh? Cheers, Scott

]]> by: An Eye-Witness Account of the Trial http://mfeldstein.com/an-eye-witness-account-of-the-trial/#comment-49066 Wed, 27 Feb 2008 23:26:06 +0000 http://mfeldstein.com/an-eye-witness-account-of-the-trial/#comment-49066 [...] unknown wrote an interesting post today onHere’s a quick excerptThat’s why I’ve asked Jim Farmer to write a first-hand account of the portion of the trial that he attended. In addition to being a knowledgeable observer of the legal system as a former expert witness in the US Tax Court on behalf of … [...] […] unknown wrote an interesting post today onHere’s a quick excerptThat’s why I’ve asked Jim Farmer to write a first-hand account of the portion of the trial that he attended. In addition to being a knowledgeable observer of the legal system as a former expert witness in the US Tax Court on behalf of … […]

]]> by: An Eye-Witness Account of the Trial http://mfeldstein.com/an-eye-witness-account-of-the-trial/#comment-49052 Wed, 27 Feb 2008 22:41:21 +0000 http://mfeldstein.com/an-eye-witness-account-of-the-trial/#comment-49052 [...] wrote an interesting post today onHere’s a quick excerpt With all the coverage of the Blackboard v. Desire2Learn case, most of us (including me) have very little insight into the actual trial process. And with emotions running high about the case, it’s easy for people to jump to extreme conclusions about the process and everyone involved in it. That’s why I’ve asked Jim Farmer to write a first-hand account of the portion of the trial that he attended. In addition to being a knowledgeable observer of the legal system as a former expert witness in the [...] […] wrote an interesting post today onHere’s a quick excerpt With all the coverage of the Blackboard v. Desire2Learn case, most of us (including me) have very little insight into the actual trial process. And with emotions running high about the case, it’s easy for people to jump to extreme conclusions about the process and everyone involved in it. That’s why I’ve asked Jim Farmer to write a first-hand account of the portion of the trial that he attended. In addition to being a knowledgeable observer of the legal system as a former expert witness in the […]

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