Free Culture @ NYU

Blackboard Pledges Not To Sue Open Source Alternatives

Friday, 02.02.2007  –  Category: News

In a press release dated February 1st, 2007, Blackboard has announced what they are calling a “Patent Pledge” stating that they will “never assert its issued or pending course management system software patents against open source software or home-grown course management systems”, that the pledge “is legally binding, irrevocable and worldwide in scope”, and that it is “binding on Blackboard’s successors and assigns”. The pledge covers any entity that uses, distributes, or develops such open source software, as long as it is not bundled with proprietary software. It further states it also will not take action against specific open source initiatives (including Sakai & Moodle) or the entities that use them that include free but non-open source components. However, Blackboard still reserves the right to take action against commercial competitors; essentially any non-free alternative to Blackboard. They also might be able to take action against open source alternatives that bundle closed source software that are not on their specific list, or against schools or other institutions that use proprietary alternatives to Blackboard (though they say this would not be in their best interest). They say that the only exemption to the pledge is that they can revoke the pledge with regard to a specific party if that party files a lawsuit “asserting patents or other intellectual property rights against Blackboard or its parent or subsidiaries”.

More information:

Patent Pledge (official text)

Blackboard’s Press Release