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Khan Academy Seeks Patents On Learning Computer Programming, Social Programming
theodp writes: When it announced its brand new Computer Science platform in August 2012, Khan Academy explained it drew inspiration from both Bret Victor and GitHub (SlideShare). Still, that didn't stop Khan Academy from eventually seeking patents on its apparently Victor-inspired Methods and Systems for Learning Computer Programming and GitHub-inspired Systems and Methods for Social Programming, applications for which were quietly disclosed by the USPTO earlier this year. Silicon Valley legal powerhouse Wilson Sonsini Goodrich & Rosati, which provides a pro bono team of 20+ to assist billionaire-backed Khan Academy with its legal needs, filed provisional patent applications for KA in August 2013 — provisional applications can be filed up to 12 months following an inventor's public disclosure of the invention — giving it another 12 months before formal claims had to be filed (KA's non-provisional applications were filed in August 2014).
And I just donated to you fuckers.
This is absurdly broad. Anyone want to venture prior art?
A computer-implemented method for providing output(s) of machine readable instructions comprises providing software comprising one or more lines of machine-readable instructions. The one or more lines are associated with an output upon execution by a computer processor, and the output comprises at least one visual and/or audible component. Next, the software is executed using a computer processor to generate the output. The one or more lines of machine-readable instructions and the output are then displayed on an electronic display of the user. In some cases, the one or more lines of machine-readable instructions and the output are displayed on a web-based user interface on the electronic display. Based on one or more edits received from the user, the one or more lines of machine-readable instructions and the output are then updated. In some cases, the machine-readable instructions are updated without re-executing the software.
It's most likely for a defensive purpose
In other words.... to help prevent competition / defend and prevent against someone else creating a competing service similar to Khan Academy that might take away some of Khan Academy's users, market share, or grant money and threaten KA staffs' ability to get paid.
It's most likely for a defensive purpose and something that the legal firm advised doing.
Then we can expect them to issue a legally binding promise to transfer the patent rights to the Patent Commons, yes?
Khan Academy is a non-profit.
The defensive purpose is against patent trolls who may try to sue the Khan Academy.
Those who do not learn from commit history are doomed to regress it.
When it announced its brand new Computer Science platform in August 2012, Khan Academy explained it drew inspiration from both Bret Victor and GitHub (SlideShare). Still, that didn't stop Khan Academy from eventually seeking patents on its apparently Victor-inspired Methods and Systems for Learning Computer Programming and GitHub-inspired Systems and Methods for Social Programming,
Well, yes, most improvements in technologies draw inspiration from earlier technologies. The Tesla Roadster draws inspiration from the Model T. The Boeing Dreamliner draws inspiration from the P51 Mustang. Windows 10 draws inspiration from Microsoft Bob. The question isn't "was this inspired by something earlier" but "is this obvious in view of what came earlier?"
... applications for which were quietly disclosed by the USPTO earlier this year.
Also known as "published normally". Patent applications are typically published 18 months after their filing date. There's nothing "quiet" about it - it's included in the official gazette each Tuesday and Google Patents (among other services) take an image of it. But it's a nice attempt by Subby to imply that there's a dark conspiracy here.
Silicon Valley legal powerhouse Wilson Sonsini Goodrich & Rosati, which provides a pro bono team of 20+ to assist billionaire-backed Khan Academy with its legal needs,
This appears to be a reference to the 20-person pro bono committee at Wilson Sonsini. Most law firms have pro bono committees of partners in charge of selecting and approving pro bono work, which is then taken on by junior associates. The committee itself doesn't do the work, so no, they didn't have a "pro bono team of 20+". They probably had a supervising attorney, a patent agent, and a paralegal, donating probably around 50 hours total for the two applications.
... filed provisional patent applications for KA in August 2013 — provisional applications can be filed up to 12 months following an inventor's public disclosure of the invention
They can also be filed before the public disclosure. They're inexpensive placeholders that you can file without paying fees for search and examination. If you don't file the nonprovisional application within one year, the provisional expires and disappears forever, so they're particularly a good thing for startups who don't have revenue yet.
— giving it another 12 months before formal claims had to be filed (KA's non-provisional applications were filed in August 2014).
Then wouldn't that have been the bigger part of the story to focus on, Subby? The non-provisional applications with legal claims that people can look at to determine whether the patent is valid or invalid?
If they don't patent this, someone else will. Because we now have a "first to file" system, where prior art doesn't matter if the prior artist never patented it. And no, educational methods should not be patentable, but if this patent is granted then they did the right thing. Cheaper to file a patent than defend against a troll later on.
Of course that doesn't mean the patent should be unopposed and shouldn't be given out to the public for free. Khan Academy has no business sealing up their methods as proprietary. But there are no white knights in the patent system. You can't not play the game, you can only lose it to the trolls.
I sometimes ask revealing, often ignorant-seeming questions. Maybe they're harder to answer than you think.