In a big blow to Blackboard Inc, the U S Patent and Trade Office today ordered a re-examination of Blackboard's e-learning patent. While reexamination does not mean invalidation of the patent, this is a welcome step. Not quite the beginning of the end, but possibly the end of the beginning.
The request for ex parte reexamination was filed by the Software Freedom Law Center on behalf of the Sakai, ATutor, and Moodle open source projects.
I think you will see that Blackboard have publically declared that they will not go after open source products. Many people will argue this came after the re-examination was announced - however it had been declared privately to me by various Blackboard staff long before the re-examination was announced.
I dont blame any commercial organisation for having a go at patenting anything - its a great way to make money and to secure your postion in the market place - the people to address criticism to is US Patent office who regularly issue ludcricous patents most of which are not accepted outside the US...... now I wonder did anyone remember to patent e-mail as a way of communication - maybe I can make my fortune LOL