Alt talk to Blackboard's General Legal Council Matthew Small

By Stephen Downes - Stephen's Web. Paul Bacsich[Edit][Delete]: Alt talk to Blackboard's General Legal Council Matthew Small, ALT [Edit][Delete] August 31, 2006
Morten Flate Paulsen writes in, "Your blog readers, following the BlackBoard discussion, may be interested in reading my article Two Decades of Online Sustainability. The article describes NKI Distance Education's development and use of LMS systems from the early start in 1985."
The one-sided Associated Press article about the Blackboard lawsuit has hit mainstream with its belated publication USA Today.
Additional coverage is provided in CNet News.com, where executive editor Mike Yamamoto blames the government bureaucrats for the problem.
I guess the old saw about not talking about things that are pending before the courts doesn't apply to Blackboard. Good thing, because Matthew Small says a bunch of things that should be noted in this interview with Britain's Association for Learning Technology (ALT) ( via Leon Cych).
"Therefore prior art after 30/6/1998, i.e. 12 months before the provisional filing date, is not relevant.... It [Blackboard] sees the Wikipedia History of VLEs as a great compendium, but not as a threat....
"Blackboard cannot speculate as to what the DOJ considered in its review.... Nor is it the case that the first public mention by Blackboard of the patent was the issue of its 27 July press release. For example, Blackboard had already begun to mark its products as being patented, from earlier in 2006 (see for example the footer of the press release of 1 March 2006 ); and knowledge of the patent was 'out in the wild' several months before the press release, for example on a Moodle discussion board.
"I do not know the specifics of what Blackboard did for IMS in the late 1990s, but the inventions embodied in the patent were derived entirely by Blackboard inventors. The patent and the IMS work had nothing to do with one another. Did Blackboard notify IMS of its intention to make a patent application in 1999? I do not know. That would have been proprietary information, so I doubt it....
"We do not see this development as in any way 'game changing". We are not trying to put anyone out of business; reasonable royalties are all we want. We have a stated business policy of not going after individual universities, nor are we focusing on Open Source initiatives."
Eww. All slimy! I have to go wash my hands off now. More...