Re: [Bodington-developers] OSS VLEs &Bb patent

[Sean M. <se...@sm...>]

http://www.theinquirer.net/default.aspx?article=33396


On 1 Aug 2006, at 12:45, Adam Marshall wrote:

>
>
> -----Original Message-----
> From: Randy Metcalfe via RT [mailto:oss...@rt...]
> Sent: 01 August 2006 12:20
> To: ada...@ou...
> Subject: Re: [rt.oucs.ox.ac.uk #983489] OSS VLEs &Bb patent
>
>
>
> Hi Adam,
>
> (Glad to see that your inquiry has finally made to our RT queue :-) )
>
> Obviously this is a cause for concern, even if Blackboard's patent
> pending in the European Union fails at the outset. Many of the larger
> open source VLE projects are based in countries where such a patent
> application might be successful (initially) and that will have
> ramifications on all such development work no matter where it is  
> located.
>
> The full implications will take time to evaluate. Rowan is better  
> placed
> to give an initial assessment of the patent itself as I know he has  
> been
> giving it a close read. But the real issue probably turns on  
> whether the
> patent can be overturned on a 'prior art' argument, or whether
> Blackboard will treat this as merely a defensive patent, in much  
> the way
> IBM and others do with much of their patent portfolio.
>
> The latter already appears not to be the case as, I believe, suit has
> been filed against Desire2Learn. The former is still up in the air. I
> know that the leaders of other open source VLE projects are currently
> gathering whatever data they can in case a prior art case needs to be
> launched.
>
> In the short term, I would recommend that Bodington do that as well.
> Meanwhile OSS Watch will be following this development closely and  
> will
> let you know as and when we have further information or further  
> thoughts
> on the implications.
>
> If you were wondering whether this is a one-off, you'll find it isn't.
> Blackboard has a great of number of patents pending.
>
> http://v3.espacenet.com/results? 
> sf=a&CY=gb&LG=en&DB=EPODOC&TI=&AB=&PN=&AP=&P
> R=&PD=&PA=blackboard
>
>
> Best wishes,
>
> Randy
>
>
> -- 
> Randy Metcalfe            Research Technologies Service		
> OSS Watch                 University of Oxford			
>                            13 Banbury Road, Oxford OX2 6NN
>                            t. +44 (0) 1865 283416
>                            http://www.oss-watch.ac.uk/
>
>
>
> Adam Marshall via RT wrote:
>> <URL: https://rt.oucs.ox.ac.uk/Ticket/Display.html?id=983489 >
>>
>> Now that Bodington is OSS (or at least will be with the next release
>> in a week or so), could OSS Watch give their view on the
>> implications of Blackboard's patent:
>> http://gauss.ffii.org/PatentView/EP1192615 ?
>>
>> adam
>>
>>
>>
>
>
>
>
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