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	<title>Comments on: An Example of How the Blackboard Patent Could Chill Innovation</title>
	<link>http://mfeldstein.com/an_example_of_how_the_blackboard_patent_could_chill_innovation/</link>
	<description>What Michael Feldstein Is Learning About Online Learning...Online</description>
	<pubDate>Fri, 29 Aug 2008 06:25:56 +0000</pubDate>
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		<title>by: Rob Abel</title>
		<link>http://mfeldstein.com/an_example_of_how_the_blackboard_patent_could_chill_innovation/#comment-467</link>
		<pubDate>Tue, 15 Aug 2006 16:33:29 +0000</pubDate>
		<guid>http://mfeldstein.com/an_example_of_how_the_blackboard_patent_could_chill_innovation/#comment-467</guid>
					<description>Hi All-  

As the guy that is responsible for managing the IMS Global Learning Consortium I'd like to clarify a couple of things about IMS and Common Cartridge.

First, don't underestimate the influence over these events that you have as buyers of software.  With respect to Common Cartridge I am absolutely certain that several publishers, CMS's, and interactive learning environments will be incorporating it, beginning the ramp up in 2007.    Blackboard may be one - that is for Blackboard management to decide.  However, if they don't, several others will.  Look for announcements from IMS in the next several months as vendors clarify their positions.   But it is up to the buyers to "vote with their dollars" for the advantages that Common Cartridge provides and that Michael so astutely points out (there are more advantages but that is material for another post).  

Second, most of the major standards organizations, like OASIS, W3C, IETF, and IMS have policies and procedures regarding intellectual property to prevent a situation where one organization owns patents that the others must use to implement the standard. As you can imagine, most technology companies have lots of patents and IP - so this is the norm, not the exception.  The Common Cartridge project has been conducted under this policy, which requires disclosure so that the other participants can adjust the route of the group accordingly.  Therefore, if Blackboard wishes to make a patent claim they must do so explicitly and, the workgroup can in fact change course.  Participants are asked about patents that could impact the work of a group literally at every meeting.   The CC group has been going for over a year and has not been encumbered by any IP claims to date.  Note that it is possible that some other participant other than Blackboard could bring an IP claim. So, this is something that we live with every day.

So, to summarize:
1. You can have a lot of impact on the future of developments like Common Cartridge by demanding it in your products, rewarding vendors that put it there, and, better yet, getting involved in IMS to help shape the standard (we are in the first version of what promises to have many more innovations added).

2. It's difficult for Blackboard or any other vendor to "game" the standards process in IMS due to our IP policies.  So, in fact the standards organizations are a great way to bring issues like this out so they can be known - and, in the case of standards, potentially go in a different direction if one organization's IP is encumbering.  The standards become the known ground that vendors must share without claims.

Thanks for stimulating an interesting discussion - time to catch my plane!

Best regards,
Rob Abel
CEO 
IMS Global Learning Consortium</description>
		<content:encoded><![CDATA[<p>Hi All-  </p>
<p>As the guy that is responsible for managing the IMS Global Learning Consortium I&#8217;d like to clarify a couple of things about IMS and Common Cartridge.</p>
<p>First, don&#8217;t underestimate the influence over these events that you have as buyers of software.  With respect to Common Cartridge I am absolutely certain that several publishers, CMS&#8217;s, and interactive learning environments will be incorporating it, beginning the ramp up in 2007.    Blackboard may be one - that is for Blackboard management to decide.  However, if they don&#8217;t, several others will.  Look for announcements from IMS in the next several months as vendors clarify their positions.   But it is up to the buyers to &#8220;vote with their dollars&#8221; for the advantages that Common Cartridge provides and that Michael so astutely points out (there are more advantages but that is material for another post).  </p>
<p>Second, most of the major standards organizations, like OASIS, W3C, IETF, and IMS have policies and procedures regarding intellectual property to prevent a situation where one organization owns patents that the others must use to implement the standard. As you can imagine, most technology companies have lots of patents and IP - so this is the norm, not the exception.  The Common Cartridge project has been conducted under this policy, which requires disclosure so that the other participants can adjust the route of the group accordingly.  Therefore, if Blackboard wishes to make a patent claim they must do so explicitly and, the workgroup can in fact change course.  Participants are asked about patents that could impact the work of a group literally at every meeting.   The CC group has been going for over a year and has not been encumbered by any IP claims to date.  Note that it is possible that some other participant other than Blackboard could bring an IP claim. So, this is something that we live with every day.</p>
<p>So, to summarize:<br />
1. You can have a lot of impact on the future of developments like Common Cartridge by demanding it in your products, rewarding vendors that put it there, and, better yet, getting involved in IMS to help shape the standard (we are in the first version of what promises to have many more innovations added).</p>
<p>2. It&#8217;s difficult for Blackboard or any other vendor to &#8220;game&#8221; the standards process in IMS due to our IP policies.  So, in fact the standards organizations are a great way to bring issues like this out so they can be known - and, in the case of standards, potentially go in a different direction if one organization&#8217;s IP is encumbering.  The standards become the known ground that vendors must share without claims.</p>
<p>Thanks for stimulating an interesting discussion - time to catch my plane!</p>
<p>Best regards,<br />
Rob Abel<br />
CEO<br />
IMS Global Learning Consortium
</p>
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