Blackboard patents LMS, Sues nearest competitor

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Blackboard LMS patent press release
Blackboard sues Desire2Learn

I believe that while the patent issue is a serious one, it is not what I think is most important. The patent issue is part of a generalized theme of bad decisions by the patent office on software/technology/internet/genetic engineering/etc. -- anything that doesn't end up in a manufactured, finished product (like a pen, bottle opener, paper clip, tank). Give me "Intellectual Property" for $200, Alex.

One potential bad outcome could be that Blackboard's patent is overturned. Whew! Boy, did we dodge that one! Let's get back to work on implementing WebCT Vista.....

The problem is tied to this patent, but it is not just the issue of whether these types of things are patentable, but that proprietary implementations of monolithic learning environments are actually anti-academic. They actually work against the things that are the core of a University's duties -- to teach, promote the expansion and transmission of knowledge. This is done through the free exchange of information. One key emphasis in environments such as Blackboard and WebCT is on *Containment* of information, restriction of access. I am reminded once again of the poor faculty who stated plainly that their course content was free for others to use, until it was pointed out to them that it *was not* free for anyone to use, because it is contained inside of WebCT.

I don't believe faculty have been made aware of the potential dangers here.

I don't mean to single any campus out. I think we are really at a crossroads in education now. What is and what is not important. Do we avail ourselves to the belief that what this university has to offer has to be contained, be treated as "intellectual property" in the lawsuit/licensing/DRM sense, or do we go with the academic tradition of authorship and publication/verification?

--hal