Once upon a time….
A University Professor tried something new, and it seemed to work. After some playing around, a big corporation, Blackboard poured a lot of time, money and human resources into the idea, and the end product was/is the Blackboard learning system. I love the irony of this story as we are using this same system. E-learning gains
popularity, thanks in some part to Blackboard, but likely not exclusively. In an attempt to protect its investment, Blackboard takes out a US patent #……….138. Such a patent is based on existing concepts of “the manufacture of material goods” (my words here), and business progresses as usual.
Then along comes a Canadian company Desire2learn (much better name) and they commence to sell a Learning Management System similar to that of Blackboard, both in Canada and the US.
Blackboard cries foul… or Pirate in the vein of our current module… and both parties head off to court, spend a whole pile of dough on lawyers, and bring in experts who they themselves are just developing these concepts, thus forcing a judge to make a ruling on
here is the fun part….
1. Something he probably has little or no expertise on
2. On a patent that is based on patent laws that do not pertain to this type of “property”
So the judge makes a ruling, as best he can, knowing both
sides will appeal, appeal, appeal, slaps Desire2learn with a trivial fine and
some restrictions regarding timing of sales, and…..
…… eventually both companies decide to be friends and
work together cooperatively, while Blackboard slips out the back door and
attempts to stiffen its patent language and thus its hold on the learning
management system.
……………………….and they all lived happily after
Ps… here are a few links to even more…..at least they
are agreeably short.
http://mfeldstein.com/blackboard-v-desire2learn-the-first-final-judgment/
http://intellirights.com/cms2/index.php?option=com_content&view=article&id=62&Itemid=67