Comments on: The Blackboard Patent Claims in Plain English http://mfeldstein.com/the_blackboard_patent_claims_in_plain_english/ What We Are Learning About Online Learning...Online Sun, 05 Feb 2012 04:42:18 +0000 hourly 1 By: Academitron» Blog Archive » Can Blackboard patent online learning? http://mfeldstein.com/the_blackboard_patent_claims_in_plain_english/#comment-493 Academitron» Blog Archive » Can Blackboard patent online learning? Mon, 20 Apr 2009 16:37:37 +0000 http://1404968439#comment-493 [...] Blackboard. It’s not clear how Blackboard’s lawsuit will affect Sakai and Moodle, but at least some people believe that Blackboard’s patent is bad news for Sakai, Moodle, and other [...] [...] Blackboard. It’s not clear how Blackboard’s lawsuit will affect Sakai and Moodle, but at least some people believe that Blackboard’s patent is bad news for Sakai, Moodle, and other [...]

]]> By: 2007年10月4日 at 益学会 > elearnspace中文版 http://mfeldstein.com/the_blackboard_patent_claims_in_plain_english/#comment-492 2007年10月4日 at 益学会 > elearnspace中文版 Fri, 05 Oct 2007 16:58:34 +0000 http://1404968439#comment-492 [...] 在“超越边界”会议上，我参加了Blackboard的一个演示（市场营销会议），这给我留下深刻的印象。Blackboard由于版权要求而在学术圈大为失宠。我想后悔作此决定的不仅仅是几个执行董事（和大多数销售人员）。虽然Blackboard在过去几年都公开遭到质疑，他们还是悄无声息地革新自己的平台，非常关注社区和参与性网络工具。如果他们放下版权要求，拥抱而不是抵抗教育社区，我想他们会从服务（或者准备服务）的社区得到大量好评。 [...] [...] 在“超越边界”会议上，我参加了Blackboard的一个演示（市场营销会议），这给我留下深刻的印象。Blackboard由于版权要求而在学术圈大为失宠。我想后悔作此决定的不仅仅是几个执行董事（和大多数销售人员）。虽然Blackboard在过去几年都公开遭到质疑，他们还是悄无声息地革新自己的平台，非常关注社区和参与性网络工具。如果他们放下版权要求，拥抱而不是抵抗教育社区，我想他们会从服务（或者准备服务）的社区得到大量好评。 [...]

]]> By: Disruptive Library Technology Jester :: Educational Patents, Open Access Journals, and Clashing Values http://mfeldstein.com/the_blackboard_patent_claims_in_plain_english/#comment-491 Disruptive Library Technology Jester :: Educational Patents, Open Access Journals, and Clashing Values Fri, 10 Aug 2007 16:13:56 +0000 http://1404968439#comment-491 [...] Are you following the world of “edupatents” (broadly defined as patents that affect the educational markets)? This kicked into gear about this time last year with Blackboard’s lawsuit [PDF] against Desire2Learn over alleged infringements by Desire2Learn of a Blackboard patent. Michael Feldstein posted a layman’s analysis of the lawsuit and concludes that many “Learning Management Systems have most or all of the features listed in the claims and therefore may infringe on the patent.” Those in the list are not only Desire2Learn and other commercial packages, but also the open source Sakai and Moodle projects. Al Essa has a graphical view of Blackboard’s patent claims, and it does seem that the patent covers a broad spectrum of educational technologies that we are starting to take for granted. [...] [...] Are you following the world of “edupatents” (broadly defined as patents that affect the educational markets)? This kicked into gear about this time last year with Blackboard’s lawsuit [PDF] against Desire2Learn over alleged infringements by Desire2Learn of a Blackboard patent. Michael Feldstein posted a layman’s analysis of the lawsuit and concludes that many “Learning Management Systems have most or all of the features listed in the claims and therefore may infringe on the patent.” Those in the list are not only Desire2Learn and other commercial packages, but also the open source Sakai and Moodle projects. Al Essa has a graphical view of Blackboard’s patent claims, and it does seem that the patent covers a broad spectrum of educational technologies that we are starting to take for granted. [...]

]]> By: UK Open Source Media Watch » Blog Archive » Patent Pledge in Support of Open Source Software fails to wow http://mfeldstein.com/the_blackboard_patent_claims_in_plain_english/#comment-490 UK Open Source Media Watch » Blog Archive » Patent Pledge in Support of Open Source Software fails to wow Sat, 03 Feb 2007 18:24:01 +0000 http://1404968439#comment-490 [...] If you are not an academic or somehow involved in higher education, the row about Blackboard’s patent on ‘Internet-based education support systems and methods’ may have passed you by - here is an understated reaction to the news shortly after it broke, here (surprisingly) is a more combative piece, here is a typical reaction and here is a plain-English account of what the patents, granted and claimed, mean and a warning that finding patent-scuppering prior art may not be easy. [...] [...] If you are not an academic or somehow involved in higher education, the row about Blackboard’s patent on ‘Internet-based education support systems and methods’ may have passed you by – here is an understated reaction to the news shortly after it broke, here (surprisingly) is a more combative piece, here is a typical reaction and here is a plain-English account of what the patents, granted and claimed, mean and a warning that finding patent-scuppering prior art may not be easy. [...]

]]> By: Nathan Dintenfass http://mfeldstein.com/the_blackboard_patent_claims_in_plain_english/#comment-489 Nathan Dintenfass Fri, 25 Aug 2006 23:08:03 +0000 http://1404968439#comment-489 Nicenet had most of the features claimed in the patent (absent grades and synchronous communications) in 1997. http://www.nicenet.org Nicenet had most of the features claimed in the patent (absent grades and synchronous communications) in 1997.

http://www.nicenet.org

]]> By: Scott Leslie http://mfeldstein.com/the_blackboard_patent_claims_in_plain_english/#comment-488 Scott Leslie Thu, 17 Aug 2006 21:41:49 +0000 http://1404968439#comment-488 Michael, based on comments from Blackboard http://www.campus-technology.com/news_article.asp?id=19061&typeid=155 and elsewhere, my take is that it is the 'portal' level in the CMS (claims 1, 25, 26, 27 and 28) that they are trying to hang their claims on, i.e. multiple roles in a single system, and aggregation of all of a user's courses and related activities onto a single navigable page upon login. Lots of the discussion about prior art to date has missed this and instead focused on the more ludicrous claims about patenting a system with a discussion board, file exchange, etc. My recollection of many of the pre-1999 products was that the lack of multiple roles and aggregated pages was in fact an issue, especially for bigger schools, and was what motivated many of the vendors to address this all around the same time. This is not to give creedance to Blackboard's claims or validate their reprehensible tactics, just to say that, IMO, this is the specific set of claims that needs to be displaced. I am having no luck yet digging up material on Prometheus but I think you are right about it being one good avenue to follow, and the commercial LMS have also got to be a good one as they were typically further ahead of the higher ed CMS on some of these features (also other products that offered such portal-like functionality not specifically for online education should be fruitful). Cheers, Scott Michael, based on comments from Blackboard http://www.campus-technology.com/news_article.asp?id=19061&typeid=155 and elsewhere, my take is that it is the ‘portal’ level in the CMS (claims 1, 25, 26, 27 and 28) that they are trying to hang their claims on, i.e. multiple roles in a single system, and aggregation of all of a user’s courses and related activities onto a single navigable page upon login.

Lots of the discussion about prior art to date has missed this and instead focused on the more ludicrous claims about patenting a system with a discussion board, file exchange, etc. My recollection of many of the pre-1999 products was that the lack of multiple roles and aggregated pages was in fact an issue, especially for bigger schools, and was what motivated many of the vendors to address this all around the same time. This is not to give creedance to Blackboard’s claims or validate their reprehensible tactics, just to say that, IMO, this is the specific set of claims that needs to be displaced.

I am having no luck yet digging up material on Prometheus but I think you are right about it being one good avenue to follow, and the commercial LMS have also got to be a good one as they were typically further ahead of the higher ed CMS on some of these features (also other products that offered such portal-like functionality not specifically for online education should be fruitful). Cheers, Scott

]]> By: Seb Schmoller http://mfeldstein.com/the_blackboard_patent_claims_in_plain_english/#comment-487 Seb Schmoller Sun, 06 Aug 2006 20:29:20 +0000 http://1404968439#comment-487 Here is a September 1999 product overview for the Fretwell Downing LE (LE stands for Learning Environment): http://web.archive.org/web/20001204202500/www.fdgroup.com/fde/le-sales/overview.html LE, with all tutor and learner interaction via web browser, at that time claimed to support: * planning and initiating a student's learning programme; * the learning process; * tracking and tutor support; * group working; * tailoring to the institution; * open integration for incorporation of materials from many sources. I have included mention of this in the Wikipedia "history" page, and there are also pointers from there to some of the (mainly EU) funded projects in 1996-1998 that contributed to the development of the LE. Here is a September 1999 product overview for the Fretwell Downing LE (LE stands for Learning Environment):

http://web.archive.org/web/20001204202500/www.fdgroup.com/fde/le-sales/overview.html

LE, with all tutor and learner interaction via web browser, at that time claimed to support:

* planning and initiating a student’s learning programme;
* the learning process;
* tracking and tutor support;
* group working;
* tailoring to the institution;
* open integration for incorporation of materials from many sources.

I have included mention of this in the Wikipedia “history” page, and there are also pointers from there to some of the (mainly EU) funded projects in 1996-1998 that contributed to the development of the LE.

]]> By: jen http://mfeldstein.com/the_blackboard_patent_claims_in_plain_english/#comment-486 jen Sun, 06 Aug 2006 05:14:04 +0000 http://1404968439#comment-486 just happened to be looking at gopher on the well this morning and found some details re: the PLATO system which was designed for computer based education. starting in the early 60s and running til the mid 80s (I believe), it wasn't web-based but has some of the same features (chat, message board type stuff). might be a good system to point to. gopher://gopher.well.com/00/Community/platohst.tx8 just happened to be looking at gopher on the well this morning and found some details re: the PLATO system which was designed for computer based education.

starting in the early 60s and running til the mid 80s (I believe), it wasn’t web-based but has some of the same features (chat, message board type stuff).

might be a good system to point to.

gopher://gopher.well.com/00/Community/platohst.tx8

]]> By: Alan http://mfeldstein.com/the_blackboard_patent_claims_in_plain_english/#comment-485 Alan Sat, 05 Aug 2006 18:51:32 +0000 http://1404968439#comment-485 Perhaps Blackboard will sue WebCT for infringement and will self-implode. The witch is burning, Dorothy! Perhaps Blackboard will sue WebCT for infringement and will self-implode.

The witch is burning, Dorothy!

]]> By: Michael Feldstein http://mfeldstein.com/the_blackboard_patent_claims_in_plain_english/#comment-484 Michael Feldstein Sat, 05 Aug 2006 17:27:57 +0000 http://1404968439#comment-484 All, if you haven't already done so, please post this info to the <a href="http://en.wikipedia.org/wiki/History_of_virtual_learning_environments" rel="nofollow">Wikipedia page</a>, along with any references you may have. Scott, I'm still trying to find out the answer to your question about exactly what constitutes infringement. It may be one of those things that a judge or jury has to decide. My best information so far is that "a signficant number of the claims" is probably the best characterization. All, if you haven’t already done so, please post this info to the Wikipedia page, along with any references you may have.

Scott, I’m still trying to find out the answer to your question about exactly what constitutes infringement. It may be one of those things that a judge or jury has to decide. My best information so far is that “a signficant number of the claims” is probably the best characterization.

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