Blackboard's Patent: How Will It Affect Online Higher Education?

Simply put, a course management system (CMS) is used by colleges and universities in order to deliver online education.

This software allows instructors to teach online by giving them the tools to make course materials like the syllabus, lecture notes, assignments, tests and quizzes, etc. and tools like asynchronous discussion boards and live chat available online in one, easy-to-manage place. Online learners use the CMS to access course information and materials, submit assignments, check grades, as well as interact with their professor and fellow classmates by posting messages in the discussion forums and chatting in real-time.

In general, course management systems (also called LMS, short for learning management systems) may be classified into the following categories:

1. Commercial: Examples include Blackboard, WebCT, Desire2Learn, eCollege, Angel
2. Open-source: Open-source means the source code of the CMS is freely shared so anyone can use and modify it and does not have licensing restrictions that limit its modification or redistribution. Moodle, Sakai and .LRN are examples of open-source options.
3. "Home-grown": Some institutions chose to use a combination of a commercial and a free, open-source product or chosen to develop their own, "in-house" CMS.

In August 2005, the two companies merged, causing colleges and universities, as well as some elementary and secondary schools and corporations, using WebCT to be concerned about continued support for WebCT products.

Then, in July 2006, the U.S. Patent and Trademark Office granted Blackboard a patent for "technology used for internet-based education support systems and methods" and that "patents corresponding with the U.S. patent have been issued in Australia, New Zealand and Singapore and are pending in the European Union, China, Japan, Canada, India, Israel, Mexico, South Korea, Hong Kong and Brazil."

That same day, Blackboard filed a lawsuit against a Canadian competitor, Desire2Learn, claiming patent infringement, seeking an undisclosed amount of damages and royalty payments.

In the soft drink world, Coke is the market leader, with Pepsi not far behind at #2. Together, they account for upwards of 75 percent of the entire soda industry. Imagine now that Coca-Cola buys their biggest rival.

Critics of the merger argue that decreased competition will inevitably lead to increased costs to customers. Despite reassurances from Coca-Cola that they will continue to manufacture these drinks, die-hard Pepsi drinkers live in fear that they will no longer be able to enjoy Pepsi products like Pepsi, Mountain Dew, and Mug Root Beer.

Now pretend that Coca-Cola is granted a patent for infusing water with carbon dioxide. Armed with this patent, Coca-Cola then sues another beverage company, Cadbury-Schweppes, the makers of Dr. Pepper, for patent infringement. Other soft drink makers begin to worry if they're next …