All 44 Blackboard Patent Claims Invalidated 130
I Don't Believe in Imaginary Property writes "The US Patent & Trademark Office has invalidated all 44 claims in Blackboard's patent. While this is a non-final action [PDF], which means that Blackboard will be able to appeal, it does represent a win for the Software Freedom Law Center which had requested the reexamination of Blackboard's patent. It is not yet known how this will affect the $3.1M judgment Blackboard won from Desire2Learn."
Where to Send Your Check (Score:5, Informative)
Software Freedom Law Center
1995 Broadway, 17th floor
New York, NY 10023
They're a 501(c)(3) non-profit organization, so if you're in the US, your contribution will be tax-deductible.
It's expensive to fight lawsuits. Vote with your wallet!
Re:Get rid of the USPTO (Score:1, Informative)
Also, people here always seem to have some sort of anger towards the USPTO, and I don't think that anger is well-founded. Most people don't seem to get the entire point of the patent system: to encourage the exchange of information. In order to get a patent in something, you need to fully disclose how it works and the best way to make and use it. Without a patent system in place, everyone would keep their discoveries as trade secrets and no one would ever publish anything. Even if you don't want to bother to patent an idea you came up with, the patent system encourages you to publish it anyways, to make sure that someone else doesn't later file a patent on it. The end effect, everybody shares their discoveries.
Another common misconception, the patent system is not there to reward the first person to invent something, they are there to reward the first person to PUBLISH something. If you invent X and keep it to yourself, and I later invent X but share how it works, and file a patent, I will get the patent.
So in exchange for fully enabling anyone skilled in the art to make and use your invention, you get a 20 year (or 21 if you filed a provisional application) monopoly. And at the end of the 20 (21) years, the entirety of your invention is dedicated to the public. I do not see a problem with this. You could, however, argue that the patent term is a little long for certain industries (software, cough), where the time to market is so short, and ideas are rarely sat on for 10 years until they become economically feasable.
The "legislative intent" that never was... (Score:2, Informative)
As has now been unearthed [oxfordjournals.org], they didn't properly check their sources, misquoting a Senate (by taking too few words, out of context, as their famous citation) which had actually said:
Comment removed (Score:3, Informative)
Re:Get rid of the USPTO (Score:3, Informative)
Blackboard was hated before the patent issue (Score:3, Informative)
A number of small and medium sized schools are going to Moodle and customizing it for their environment (for example, incorporating home-grown services into it, etc). Moodle's been growing by leaps and bounds the last year or two, and I expect it's going to keep growing. Sakai's harder to implement, unless you have a herd of Java developers at your disposal. Faculty always want significant local customization.
Re:Get rid of the USPTO (Score:2, Informative)
Re:Hopefully this means my school will drop softwa (Score:2, Informative)
NOT!!!!!!!!!!!!
When students started buying computers with Vista, Blackboard would not play right with them. They had all kinds of issues. It won't even play right with Internet Explorer at our school. I'm just glad I'm not the Blackboard admin.
Note to my college administration:
Ever wonder why the University of Phoenix is so expensive? It's because they attempted to take the time to design their online program from the ground up. They also hired the staff to make it work. That takes a lot of money. They didn't take the cheap way out by buying Blackboard and saying, "Now we are an online school." F$%^tards!!!! You would have been better off by using Moodle or Double Choco Latte. At least you wouldn't have blown all that money. Dare I say that you are once again "trying to polish the turd"?
Re:That's a joke, right? (Score:4, Informative)
When your doctor prescribes something for you, go talk to your pharmacist about your entire drug picture before you start swallowing those little pills. That can very well save your life, particularly if you have something like a heart condition.