Wednesday, July 08, 2009

Update: D2L files complaint against Blackboard

Update: The complaint filed by Desire2Learn on July 6 2009 reveals a lot of interesting information including the fact that Blackboard has just been issued another patent (#7,558,853) -- another extension to its two previous LMS patents ('138 and '396) which are not only controversial, but also currently being contested in the courts.

D2L posted their explanation of filing for this "Declaratory Judgment" against Blackboard. This action is an attempt to prevent Blackboard from further lawsuits against D2L under their latest patent ('853). D2L is formally appealing to the courts for protection due to "the existence of substantive, actual controversy".

From D2L's complaint:
This history of Blackboard’s strategy of litigation and intimidation creates a substantial controversy between D2L and Blackboard of sufficient immediacy and reality to warrant the issuance of a declaratory judgment as to the noninfringement and invalidity of the ’853 patent.

Desire2Learn files lawsuit against Blackboard

It appears that D2L has filed suit against Blackboard in a Maryland District Court on Monday July 6, 2009.

I don't have any details other than what is publicly posted here, so I'm not sure yet if this is related to other filings such as the one with the US International Trade Commission or if this is new litigation.

This is the first time in this saga, I believe, that D2L has filed a lawsuit or complaint against Blackboard.

Monday, June 29, 2009

D2L provides litigation updates

Desire2Learn just posted some quick updates, as well as some legal documents, regarding the ongoing litigation with Blackboard.

Tuesday, June 02, 2009

Blogs? Yes! Just don't forget the value of the CMS

Jeffrey Young at The Chronicle continues his coverage of the course management system landscape by highlighting discussions about using blogs as a substitute for the traditional CMS.

Open course blogs offer lots of interesting possibilities: convenient dialog among students, feeds (why haven't our CMSs incorporated these by now?), serendipitous participation by "outside" experts, simple interfaces, flexibility, etc.

At UW-Madison, I've seen a number of faculty use blogs as the centerpiece for their courses. Greg Downey's courses provide excellent examples of engaging students through course blogs.

However, blogs themselves will not overthrow the traditional CMS. There will always be the need to provide online exams, drop boxes, gradebooks, secure feedback, and all the complex integrations with various campus systems.

As the article above noted:
But despite a slew of jokes about Blackboard throughout the day, many attendees admitted that when the course-management system works, it offers easy-to-use features that students and professors have come to rely on. Even those speakers who encouraged professors to use blogs instead of Blackboard said that universities should probably support both.


Blogs have their place. The next generation of course/learning management systems will need to take cues from tools such as these in order to be relevant and provide useful user- (and especially learner-) centric environments.

Wednesday, May 27, 2009

Waiting for ITC decision to investigate Blackboard's complaint vs. D2L

On April 20, 2009, Blackboard filed a complaint with the US International Trade Commission (Docket #2661) against Desire2Learn regarding its importing of a patent-infringing product. I've been interested in this particular action because it seems that an outcome here could arise more quickly than with the other lawsuits and the patent review process.

According to Bryan Farney's overview of Section 337 Actions in the ITC, we should be expecting a decision now from the ITC on whether they will launch an investigation into the complaint:
Within 30 days after a prospective complainant files its complaint with the ITC, the Commission determines whether or not it will institute an investigation. If the Commission decides that it will do so, it then refers the investigation to an Administrative Law Judge ("ALJ") who sets the ground rules and discovery schedule for the investigation, as well as a target date for the final determination. The hearing, during which the parties present evidence, cross-examine witnesses and present arguments, takes place approximately three months before the initial determination due date. The ALJ then issues its initial determination, which the Commission may review at its discretion. Finally the Commission issues its final determination by the date set by the ALJ. The Commission's final determination then stands unless the President disapproves it.

According to the docket above, the current status is "Pending Institution" which I believe means "pending the start of an investigation". Obviously, I'm not a legal expert, so I could use some help translating this phrase.

On a related note, D2L announced that the U.S. Department of Justice has opened an investigation of Blackboard's acquisition of ANGEL two weeks ago.

Finally, some Bb customers are perceiving what looks like an incongruity between Bb staff and the actions of their highest officers.

Update June 4 2009The Washington Post reports that the ITC will indeed launch an investigation into the Section 337 complaint filed by Blackboard against D2L.

Wednesday, May 06, 2009

Blackboard acquires ANGEL

Thanks to Stephen Downes for alerting us to this major announcement today.

I like this key statement from Bb's press release: "Assuming the merger closes in May 2009..."

I assume that the Department of Justice will have to approve this merger. We will have to watch to see if/how Bb identifies Desire2Learn as a competitor.

So if anyone is keeping score, the CMS/LMS landscape now includes Blackboard, Desire2Learn, Moodle, and Sakai. There are many other homegrown solutions, small open source options like Bodington, and new products such as TimeCruiser's CourseCruiser. But for now, we are left with the Big 4.

Thursday, April 30, 2009

ComETS: A vibrant ed tech community at Wisconsin



With the launch of their new site this week, I wanted to share a very cool thing about UW.

The instructional technology community here at UW-Madison is comprised of staff from both our central IT division and local departments, schools, and colleges -- a large and dispersed group of talented people.

One of the most significant challenges over the years has been to coordinate and collaborate with each other. In the past 5 years, we have made great strides in increasing the amount of interaction and collegiality between central and local instructional technology staff. This has occurred primarily through a grass-roots organization we created called ComETS (Community of Educational Technology Support.

ComETS is made up of instructional technologists, system administrators, IT managers, librarians, and some faculty. We host events such as brown bags, presentations, discussions, and webinars. Special interest groups with specific interests in open source, clickers, sims/games, and media production shops have emerged.

Most of all, I have appreciated how the success of ComETS has laid the groundwork for successful collaborations between central and local instructional technology staff. Together we have been able to jointly tackle challenges such as IT strategic planning and emergency planning for our course management system. We have been able to make more informed decisions with input from diverse pockets of campus.

Our colleagues at Iowa State have recently started their own ComETS organization, and we wish them the best of success.

Do others have examples of such communities on their campus?

Wednesday, April 29, 2009

Blackboard files lawsuit against D2L in Canada



Blackboard followed through on its statement to The Chronicle and filed a patent infringement lawsuit on April 24 against Desire2Learn through the Ottawa office of Canada's Federal Court (see court records T-655-09).

To summarize, here are the active proceedings in this complicated story listed in chronological order:

- Blackboard vs. Desire2Learn (US Federal Court)
- US Patent Office review of Blackboard's "'138" patent
- Blackboard vs. US Patent Office (US Federal Court)
- Blackboard complaint aginst Desire2Learn to US International Trade Commission
- Blackboard vs. Desire2Learn (Canada Federal Court)

Keep up if you can.

UPDATE:
As in the U.S., Blackboard has been awarded a number of educational technology-related patents in Canada. The above lawsuit is based on Canadian patent 2378200. Here's the entire list.

I wonder if Blackboard will now be applying for patents in whatever country is producing learning technology products.