Open source projects threatened by e-learning patent

The Software Freedom Law Center (SFLC) has joined the effort to overturn a broad e-learning patent held by education and course management software company Blackboard. The patent, which was awarded in January of this year, covers "Internet-based education support system and methods" and could potentially threaten open source course management platforms like Moodle and Sakai. Specifically, the patent describes an Internet system in which different access rights to various course management resources can be granted to different users.

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The SFLC initially attempted to negotiate an agreement with Blackboard, requesting that the company pledge not to assert the patent and future patents against open source projects. When Blackboard rejected SFLC's proposal, the SFLC went to the Patent Office and asked that the patent be reexamined. So far, Blackboard has only used the patent against competitor Desire2Learn. Blackboard general counsel Matthew Small says that the company uses and supports open source software and has no intention of targeting universities or open source projects with litigation. According to Small, Blackboard is still willing to make a pledge to protect open source projects, but will not extend that pledge to companies that commercialize on those open source projects.

SFLC patent attorney Richard Fontana describes Blackboard's patent as "a junk patent that should never have been given by the Patent Office." Fontana's argument is supported by a large body of prior art, some of which predates Blackboard's existence.

The SFLC isn't the only organization that is fighting against this patent. In August, Portaschool filed a complaint against Blackboard, asserting that the company "willfully and intentionally misrepresented themselves in application for a US Patent (6,988,138) without just cause with the intent of harming the Plaintiff and other e-learning institutions."

This latest controversy further illuminates the deficiencies of the patent system and reflects the need for reform. To raise awareness of the issue, the e-learning community has called for a boycott of Blackboard and created a petition for individuals that support the boycott.