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Blackboard Wins Patent Suit Against Desire2Learn

edremy writes "Blackboard, the dominant learning management system (LMS) maker, has won its initial suit against Desire2Learn. Blackboard gets $3.1 million and can demand that Desire2Learn stop US sales. (We discussed Blackboard when the patent was issued in 2006) This blog provides background on the suit. Blackboard has been granted a patent that covers a single person having multiple roles in an LMS: for example, a TA might be a student in one class and an instructor in another. You wouldn't think something this obvious could even be patented, but so far it's been a very effective weapon for Blackboard, badly hurting Desire2Learn and generating a huge amount of worry for the few remaining commercial LMSs that Blackboard has not already bought, and open source solutions such as Moodle (Blackboard's pledge not to attack such providers notwithstanding)."

9 of 186 comments (clear)

  1. As a blackboard victim/user..... by Mr_eX9 · · Score: 5, Informative

    ....why the hell would anybody want to infringe on their patents? It's a really horrible design and interface.

    1. Re:As a blackboard victim/user..... by Workaphobia · · Score: 5, Interesting

      Mark my words. I have *never* come across anyone who liked it, in my entire undergraduate experience. Professors and students alike despise it, yet somehow our opinions don't seem to matter to the people making the purchasing decisions.

      --
      Evidently, the key to understanding recursion is to begin by understanding recursion. The rest is easy.
    2. Re:As a blackboard victim/user..... by CrispBH · · Score: 5, Informative

      Right on. I'm a Computer Science undergraduate, and the choices here are Blackboard or the professor's Intranet web space (which every user has including students). Almost no professor and certainly no students like Blackboard. Honestly, it feels like the most hacked together and unplanned pos you could imagine. I'm pretty sure any small group of moderately skilled programmers could do a better job; it's really that bad.

      Almost all of my tutors use their web space to provide material and updates etc. Interestingly, it's the couple of lecturers/professors who are lacking in the, er, quality department who DO use Blackboard and rave on about it.

    3. Re:As a blackboard victim/user..... by moosesocks · · Score: 5, Insightful

      I worked in College IT for a time, and we hated it too.

      Problem is, that sort of purchasing decision almost always gets made much higher up, or even at the state level. That's also why you also see SunGard/Banner all over the place.

      --
      -- If you try to fail and succeed, which have you done? - Uli's moose
    4. Re:As a blackboard victim/user..... by Anonymous Coward · · Score: 5, Interesting

      You are very observant. As I reread this, I realize it looks like a ridiculous, cardboard-cutout of a troll, but I put forth that any sysadmin reading this will immediately recognize this as the voice of truth, and agree:

      I've had the (mis)fortune of working with Blackboard as a sysadmin for about five years now.

      It is without a doubt, a gigantic hacked-together hodge-podge under the covers. The installation guide is probably 300+ pages. Tasks that should be, by anyone's standards, put into a shell script are simply written out and numbered in the guide, which does nothing but increase the perception that not even the program's authors care about it.

      Blackboard runs (or at least used to run--to be fair, later versions are apparently more cohesive) on a strange polyglot of Perl, Java, and Shell (and who knows what else). The vast array of underlying technologies has the feel of something that's been hurriedly duct-taped together, and you're almost amazed the thing runs at all.

      Worse, upgrades are fantastically painful--accomplished by applying the endless patches in the proper order (obtainable at the 'behind the blackboard site' which is discouragingly useless) and any one of them can fail for any of a hundred different reasons.

      Nobody I know in the education technology industry claims to like installing/administering it, and in fact, it's become one of those tasks that nobody likes to do--almost a running joke. Hoping to ingratiate myself with my employers, I volunteered to be the "Blackboard guy," a decision I've regretted to this day.

  2. Blackboard sucks by SameBrian · · Score: 5, Informative

    I am a student at UNBC (in BC, Canada), and Blackboard is our LMS, due to the fact that Blackboard bought out WebCT recently. I have to say that as a student, marker, and Computer Helpdesk staff member, I /LOATH/ Blackboard. The system is flaky, often crashes, logs you out for no reason, refuses to load files, fails to load files, as well as a myriad of other issues. I feel that not only is allowing a patent like this counter-productive to the advancement of the product, it also continues to add precedent that it's okay to patent stupid things and then create a monopoly. The idea behind the free market is that everyone has a fighting change to sell their product. Sure, consumers have allowed companies like Wall-Mart to take off and out-sell smaller companies, but that's the risk of doing business. Letting companies sue each other left and right is not allowing for a free market, and is in the end going to hurt consumers. For example, when Blackboard bought WebCT, they stopped supporting WebCT4 (Blackboard has released WebCT6/BCE6), despite the fact that there are many classes which are not fully compatible with the new version. I know this isn't really relevant, but I couldn't help but take up the opportunity to badmouth Blackboard. Another point to note is that a friend of mine worked at a college in Alberta implementing the system and said it's just as ugly and trying on the server side as it is on the client side.

  3. They didn't patent the crapness by EmbeddedJanitor · · Score: 5, Insightful
    They did not patent the crap execution of the idea, just the idea itself.

    Here's a place where patents really suck: a good idea gets sat on and cannot be used by people would could make into something good.

    --
    Engineering is the art of compromise.
  4. They do not always win... by Dr_Ish · · Score: 5, Insightful

    A few years back, we had Blackboard on our campus. It was horrible and I refused to use it [Techie aside: Take a look at some of their JavaScript, it is bloated and beyond ugly]. However, someone persuaded the students that Blackboard was a wonderful thing. So much so, that their organizations petitioned the administration to make Blackboard mandatory for all classes. I don't know if the student leaders were bribed, but it would not surprise me -- it is sad to say how easily some people can be bought for the price of a couple of pizzas.

    The students proposed a 'Blackboard is mandatory' motion that went through all the relevant committees. Fortunately, the Faculty Senate were rational enough to amend the motion to advocate not just Blackboard, but also 'equivalent technologies'. This left the way open for people to even use simple web pages.

    Then the next thing you know is that Blackboard suddenly wanted a HUGE amount of money for the new version -- much more money than we could ever afford. The techs basically told them to go to hell, kept on using the older version while they could and began to experiment with Moodle. As one of of the more technically sophisticated people on our campus, I was one of the beta-testers for our Moodle implementation. It is always a fun job trying to break software! Although early versions of the implementation had quite a few rough edges, pretty soon, Moodle was up and running in a slick manner. Thus, for a short time, we actually had both versions. Also during this period, negotiations with Blackboard continued, largely without much progress. Eventually their greed was too much. Blackboard was just scrapped. It was not just the cost of the software, but also the hardware requirements that were ridiculous, which killed the system for us. We have now moved entirely to Moodle, which is doing very well, even if a few people were initially unhappy about the change. Hopefully, more schools will be inspired by the predatory nature of the Blackboard people to get that monkey off their collective backs.

    In a final irony, just before the decision was made to pull the plug on Blackboard was made, one of my students demonstrated to me a method by which he could crack Blackboard and change the grades of assignments with relative ease. The main point here though is that behaving like bastards can ultimately have a business cost. I say to hell with Blackboard, support Moodle instead -- after all, it is open source!

  5. Mod parent up by Anonymous Coward · · Score: 5, Informative

    I have also been a blackboard admin for about five years. The above post is 100% true.

    Here is a short list of Blackboard annoyances:

    It produces hundreds of megabytes of absolutely useless logs every day.

    These logs are basically consist of tomcat java core dumps which seemingly happen every second of the day. These java dumps are completely useless unless you are a java programmer, and even if you are a java programmer, blackboard does not provide the source to their jar files. You could probably decompile them, but who would want to given Blackboard's history of suing over IP.

    The built in log archiving utility doesn't work.

    With all of these goddamn logs, you would think proper log management is surely something Blackboard integrates into their product, right? Wrong. They include a nice little log file archiving utility but it contains precisely zero options on how to archive them, and it frequently fails to zero out logs, leaving you with gigabytes of log files after a short time. Many BB admins, including myself, have their own script to manage logs.

    It's built primarily on Tomcat.

    Everything I've ever seen that was built on Tomcat has been either unstable, dog slow, or both. One version of Blackboard shipped with a version of Tomcat that leaked threads, causing BB administrators all over the planet to have to restart the tomcat processes on their BB servers every 7-14 days.

    Their support is nearly non-existent

    Unless you say your server is down, support tickets generally take weeks, and in some cases months to get resolved. Simple ("non-critical") cases are all but ignored. Support reps have been known to answer with a polite equivalent of "RTFM". I was given the "RTFM" response to the case I put in regarding tomcat leaking threads. They never resolved the case. Instead I ended up monitoring threads and restarting tomcat by hand. When we updated to a new version of Blackboard the problem magically went away. I'm not completely sure, but I think Blackboard never even realized that they were shipping a buggy version of Tomcat. They accidentally fixed it by shipping a newer version in a later release.

    They use incredibly inefficient stored procedures which can bring down an entire system

    Most of the complex processes, like deleting entire courses or students are carried out via stored procedures in the database (BB runs on SQL Server and Oracle). In SQL server, the stored procedures are extremely inefficient and can suck up so much memory that they bring the entire system to a grinding halt. I ran across this when trying to delete a bunch of very old courses in our system. In researching the problem I read that the use of cursors was a huge no-no in SQL server (but okay in Oracle!). The stored procedure that deletes courses was, of course, written using cursors. Not being a skilled DBA, I could not rewrite the SP myself, so instead I broke it up into parts and has a script run the individual parts on all of the courses I wanted to delete.