In terms of Bodington, I'd say yes to it not affecting us!! Reading the
patent it is soooo broad, but it is dependent upon the notion of 3
predefined roles - admin, instructor and student. Together with privileges
associated with those roles within a VLE.
However Bodington is a magic little system that can be used for a variety of
things which happen to include learning. But within the learning
environment rights are assigned to groups, not specific people and not
specific roles. Those same rights apply in a virtual research environment
equally.
There are other systems which do work similarly to BB so could be caught
(like WebCT!)
Paul
-------------------------------------------------------------------------
Dr Paul V Davis
Acting Head, Learning Technologies Group
Marketing coordinator, Bodington.org
Oxford University Computing Services
13 Banbury Road, Oxford, OX2 6NN
Tel: 01865 283414
% -----Original Message-----
% From: Virtual Learning Environments [mailto:[log in to unmask]] On Behalf
% Of Adam Marshall
% Sent: 04 August 2006 10:25
% To: [log in to unmask]
% Subject: Re: FW: [sloan-c] Blackboard Patents the LMS
%
% But what are the realistic chance of the EU adopting the patent? Are we
% actually worrying about something that will not directly affect us here?
%
% adam
%
% | -----Original Message-----
% | From: Virtual Learning Environments [mailto:[log in to unmask]] On
% Behalf
% | Of Tom Franklin
% | Sent: 03 August 2006 23:35
% | To: [log in to unmask]
% | Subject: Re: [VLES] FW: [sloan-c] Blackboard Patents the LMS
% |
% | I have had a response from the JISC Legal service which I will attach at
% | the end of this message, but first a couple of thoughts which may help
% to
% | concentrate any activity where it is most needed.
% |
% | There has been discussion here, and elsewhere (the SLOAN-C list for
% | instance) about moving from VLEs to alternative types of platforms, and
% of
% | demonstrating prior art.
% |
% | It seems to me that we need a careful reading of the patent, and an
% | explanation of what it actually covers. I fear that much of the
% | functionality is not limited to VLEs, but would cover any type of
% software
% | that is used to support learning and that has some relationship with
% other
% | systems (student record for instance), but this needs checking. If I am
% | right then moving to the social web or e-portfolios would not overcome
% the
% | problem.
% |
% | Equally, the need for prior art is not to demonstrate VLEs as such, but
% | those specific things covered by the patent.
% |
% | I have tried (briefly) to read and understand the patent, and will give
% it
% | another go, and if I can I will post what I think it covers, but if
% anyone
% | else can understand the patent and list here (and copy to the SLOAN-C
% | list)
% | exactly what it covers, but in plain English that would be an enormous
% | help.
% |
% | regards
% |
% | Tom.
% |
% | Tom Franklin
% | Franklin Consulting
% | 9 Redclyffe Road
% | Withington
% | Manchester
% | M20 3JR
% |
% | email: [log in to unmask]
% | phone: 0161 434 3454
% | mobile: 07989 948 221
% | web: http://www.franklin-consulting.co.uk/
% | blog: http://tomfranklin.blogspot.com/
% |
% | ===============================
% |
% |
% | Dear Tom,
% | We'll take these under consideration. OSS Watch (www.oss-watch.ac.uk)
% | will
% | be putting up a statement before too long, as part of the JISC family.
% | To give a few short answers to your questions:
% | Yes, it could affect Moodle and other OSS.
% | Prior art would generally nullify the patent. Prior art is evidence
% that
% | the "invention" wasn't original, and therefore is any indication that
% the
% | "invention" was around before the patent-application filing date. I put
% | "invention" in inverted commas, as the US courts seem to be able a very
% | wide interpretation of the term.
% | The US patent doesn't directly affect the UK (unless an institution here
% | has its VLE server in the USA).
% | In terms of action, this will be a policy decision, and OSS Watch are
% | better placed for this than we are. We'll be continuing to work closely
% | with OSS Watch with regard to the legal aspects, however.
% |
% | Overall, it's unwanted uncertainty. Blackboard have had a similar
% patent
% | turned down in the EU already, and I hope that their renewed attempt to
% | get
% | a European patent again gets turned down.
% | Cheers,
% | Jason
% |
% |
% |
% | ------------------------------------------------------------------------
% --
% | --
% | ----
% |
% | For a digest of IT Law relevant to FE and HE, subscribe to JISC-LEGAL-
% NEWS
% | - see details at http://www.jisclegal.ac.uk/newsletter.html
% |
% | ------------------------------------------------------------------------
% --
% | --
% | ----
% |
% | Jason Campbell
% | JISC Legal Service Manager
% | University of Strathclyde
% | Alexander Turnbull Building
% | 155 George Street
% | Glasgow G1 1RD
% | Tel: 0141 548 4939 (office)
% | Tel: 0141 548 2889 (direct)
% | E-mail: [log in to unmask]
% |
% |
% |
% | -----Original Message-----
% | From: [log in to unmask] [mailto:tom@franklin-
% consulting.co.uk]
% | Sent: 02 August 2006 12:58
% | To: jisclegal-info
% | Subject: Enquiry via Web Form
% |
% | This message was generated from an HTML form submitted to the generic
% form
% | handler at: www.jisclegal.ac.uk The data came from the form at: http://
% | www.jisclegal.ac.uk/enquiry_form.html
% | The browser making the request came from 84.68.138.54.
% | The current date is Wed Aug 2 12:57:53 2006.
% |
% |
% | name : Tom Franklin
% | email : [log in to unmask]
% | institution : Franklin Consulting
% | query_type : legal_query
% | subjectarea : Virtual Learning Environments
% | query_text : You may, or may not, have seen the flurry of activity on
% a
% | number of lists - including the JISCMail list "VLE" about Blackboard's
% | patent on learning management systems, and their suing Desire2Learn (see
% | http://mfeldstein.com/index.php/weblog/permalink/
% | blackboard_patents_the_lms/, http://www.jiscmail.ac.uk/cgi-bin/
% |
% webadmin?A2=ind0608&L=vle&D=1&T=0&O=D&X=2712B30979DD2BDD94&Y=tom%40frankli
% | n-
% | consulting.co.uk&P=47 etc.)
% |
% | I think that it would be extremely helpful if you could post a comment
% to
% | the discussion forum answering at least the following questions:
% |
% | Could the patenaffect Moodle and other open source products? (I would
% | assume that the answer is yes)
% |
% | What evidence is needed to demonstrate "prior art" and
% | would this invalidate the patent, or only specific parts of the patent?
% |
% | Does the patent affect the UK directly in any way (ie other than
% affecting
% | US products or sales to the US)?
% |
% | What action, if any should we be taking?
% |
% | Thanks for your help.
% |
% | Tom
% |
% | Tom Franklin
% |
% | ***************** List information: *****************
% | Remember - replies go by default to the entire list.
% | Access the list via the web on http://www.jiscmail.ac.uk/lists/vle.html
% | To unsubscribe, email [log in to unmask] with the message: leave
% vle
%
% ***************** List information: *****************
% Remember - replies go by default to the entire list.
% Access the list via the web on http://www.jiscmail.ac.uk/lists/vle.html
% To unsubscribe, email [log in to unmask] with the message: leave vle
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