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This site presents a reaction of the education community to software patents that threaten our industry.

Currently the biggest problem facing us is Blackboard and their US Patent #6,988,138(external link), along with the many related patents that Blackboard is taking out in countries around the world. These patents were announced by Blackboard (external link) on 26th July, 2006.

These patents cover 44 different features that make up a Learning Management System (also known as a Course Management System or Virtual Learning Environment). Here are those claims in plain English(external link), in our wiki.

Blackboard immediately used this patent as the basis for issuing a writ (pdf) against Desire2Learn(external link), who produce a competing system. Blackboard are demanding royalties.

The problem is that the features in the patent have been implemented in hundreds of different systems across the globe, many of them long before Blackboard decided to apply for patent protection in 1999 (see History of Internet-based learning). Most believe the patent should never have been approved in the first place.

Even though we believe these patents have no merit, their mere existence is confusing some parts of the educational community. Educators without long experience in online learning may believe the claims are valid, or believe that competing Learning Management Systems are in danger of being shut down or taxed by Blackboard. This is extremely unlikely as their case is very weak and (we hope) common sense can prevail, but such confusion is not something we want to see disrupting our educational institutions.

We do not "hate" Blackboard or want to promote such simplistic behaviour, but we do think Blackboard are doing the wrong thing here and we want them to stop these actions.

Please see the other pages in this site for information on what you can do to help.

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