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Blackboard Continues Pursuit of Desire2Learn
6/18/2008
To the extent that they needed relief from Blackboard in some way or if Desire2Learn wanted to work with Blackboard in some way or if we could do something ourselves, certainly we would use our best efforts to make sure that those schools' online learning programs were not disrupted. So it would really be a case by case situation with each school, depending on what they wanted to do. Some schools might want to do an RFP and look at other options that are non-infringing. Some schools might want to use Blackboard. Many of [Desire2Learn's] clients are already using Blackboard. We have a lot of the same clients. They might want to find some other solution. Whatever the school wants to do, we are supportive, and we want to work with those schools."He continued: "What we don't want to see happen is a school gets shut down because Desire2Learn one day has to pull the plug or declare bankruptcy or something like that as a result of the action."
It should be noted that Desire2Learn has told us repeatedly that it is financially stable and in no jeopardy of insolvency, even if it never recovers the more than $3 million it paid Blackboard last week.
When asked whether these words indicated in any way that Blackboard would be willing to pursue legal action against schools, Small said no.
"I was not insinuating in any way that Bb would pursue legal action directly against schools--we would not. However, I cannot imagine that any D2L client would knowingly violate a Court order or choose to use infringing software," he told me via e-mail.
Although Blackboard has said it would not sue schools for using open-source or home-grown learning management systems, it has reserved the right to sue schools for using proprietary and infringing software. According to the company's Patent Pledge FAQ page:
"Suing an institution to enforce our patent would not be in Blackboard's interest as it would generate intense dissatisfaction among Blackboard's clients and potential clients. Blackboard has never sued a school, museum, or library and depends on the goodwill of the academic community for our survival. Having said this, Blackboard cannot promise never to sue a school, museum or library to enforce its patent without placing at risk critical rights and protections afforded under this patent. Specifically, nothing in this pledge or FAQ should be read as implicitly or expressly granting a license to practice any patented invention, and Blackboard reserves the right to sue any entity not otherwise covered by this pledge for inducing or contributing to such school's infringement."
About the author: Dave Nagel is the executive editor for 1105 Media's educational technology online publications and electronic newsletters. He can be reached at dnagel@1105media.com.
Have any additional questions? Want to share your story? Want to pass along a news tip? Contact Dave Nagel, executive editor, at dnagel@1105media.com.
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