Desire2Blog

I've been traveling for the past two days so I'm a little late to the party. But I'm here now! Wow, that was fast! Just when I was totally losing faith in our systems of justice and government for about the fifth time in my life; things changed. In the blink of an eye, against all predictions about how long the insanity would drag on – BAM, things changed. Of course I’m talking about Blackboard versus Desire2Learn patent debacle. What was I losing faith in, you ask? 1) The USPTO (and most of the rest of the Federal government, especially the Bush part) for their gross negligence in granting the patent in the first place. Sure they’re understaffed. Sure they’re underpaid (okay, maybe not). Sure, they can’t possibly check every detail about whether a patent application has a peg leg to stand on (Blackbeard reference, in case you missed it). But how can they issue a patent without at least checking with some industry experts who could have given them a clue that they so despe...

Once again we have student survey results from most of the schools in Minnesota Online by using the Noel-Levitz Priorities Survey for Online Learners (PSOL). The chart below shows the results over the past three years to the following statement: The online course delivery platform (Desire2Learn or D2L) is reliable. (click photo to enlarge) The PSOL is the main instrument that we use to gather information from students about the online programs and services that we provide. In two of the last three years, reliability of the VLE platform (we all use Desire2Learn) has been rated as the most important factor out of the 30 (31 this year) questions asked of all students. The satisfaction rating (6.01 in 2008), is also one of the highest scoring. This year it comes in with the 2nd highest satisfaction rating out of 31 statements, with first place going to "Registration for online courses is convenient." (rating of 6.21) I realize that the reliability factor does not capture all of t...

Hah!!! Made you look, didn't I? Okay, I lied. I don't have a job offer to go to work for Blackbeard on their pirate ship that is pillaging all of higher education. But for some strange reason (VERY strange, I'm sure), I spent part of my vacation time daydreaming about going to work for the evil empire. It was absolutely an exercise in self-reflection, self-awareness, and apparently self-loathing. For reasons that I cannot explain, I asked myself the following question(s). "Self? How much would they have to pay you before you would be willing to take a job at Blackboard?" As any reader of this blog knows, I LOATHE the business tactics of BlackCT. However, I have met some nice people who work there, and all kinds of people tell me that the company really isn't all that bad, and hey - soon enough they're going to own all of education lock, stock, and barrel - so if you can't beat them, why not join them? Right? As far-fetched as even I think that this sc...

NOTE: I will be gone for the next 9 days and hopefully totally disconnected during most of that time. Therefore, this will be the last post until the week of March 24. I've been trying to get accurate information about the process related to Desire2Learn's efforts to stop infringing on the (bogus) Blackboard patent. This is the information that I am relying on so far. 1) Desire2Learn is almost finished with their coding of a design that will NOT infringe upon the Blackboard method related to delivering online educational resources via roles. This new design will be incorporated into version 8.3 (corrected from 8.2.3, thanks John) of the D2L VLE (virtual learning environment). 2) D2L must get a determination about whether their new design is successful in NOT infringing on the patent. That determination begins with Blackboard's "experts" (quotes intentional) who will give their opinions about whether the product infringes or not (anyone care to guess?) 3) Assuming...

This is a recording of a phone interview I conducted with Kenneth Chapman of D2L. Kenneth is the lead product developer for the D2L Virtual Learning Environment. We talk about the features of the new Desire2Learn ePortfolio tool. Some of the topics covered include: General idea of an electronic portfolio Features of the new D2L ePortfolio tool Why build one rather than use existing tools Integration possibilities between D2L VLE and ePortfolio Client planning prior to implementing the tool Plans for future development When will it be available for viewing and use

This is a recording of a phone interview I conducted with Deb Homuth, principal of the Ontario Virtual High School in Canada. Deb was a consultant/advisor for the D2L development team while they were designing and building their ePortfolio tool. It's about 16 minutes long. From their March 13 press release: "Desire2Learn Inc., today unveils ePortolio, a much anticipated new product that enables users to track, record, and reflect upon their progress from K-12, to post-secondary education and beyond. An ePortfolio is a digital repository of artifacts that demonstrates progress and achievement. Pairing social networking and informal learning with the traditional classroom, Desire2Learn ePortfolio provides users and institutions with a customized and personalized learning journey." Personalized Learning: "Today’s users demand a personalized learning experience that extends beyond the traditional classroom boundaries to include social networks of peers, evaluators, a...

From the injunction signed by Judge Clark on 3/11/08: Desire2Learn (is) hereby restrained and enjoined... (after a 60-day stay) "from using in the United States, offering to sell for use in the United States, or selling for use in the United States, either alone or in combination with any products, services or systems: 1. the method of providing online education implemented in accordance with the Desire2Learn Learning Environment (version 8.2.2 and earlier versions)" "Desire2Learn is further restrained and enjoined from inducing infringement of claims 36, 37 and 38 of the ’138 patent by encouraging, supporting, aiding, or abetting the use in the United States of: 1. the method of providing online education implemented in accordance with the Desire2Learn Learning Environment (version 8.2.2 and earlier versions) heretofore marketed by Defendant; and 2. all other methods for providing online education not more than colorably different therefrom;" This last paragraph wa...

Wow, every time I step away from my computer for an hour or so, something important comes in. I just got back from playing racketball with my kid and find an email from Jim Farmer with attached documents showing that Judge Clark did in fact sign a 4-page injunction dated today (3/11) that that prevents D2L from selling it's products in the U.S. He then stayed that injunction for the next 60 days while additional legal wrangling will occur. I'm off now to another appointment now so probably won't get back to this until late tonight, if then. You should be able to read more about it at all the usual suspects. More later.

Last night I saw the following Twitter posts while searching for news about any action in the East Texas courtroom regarding Desire2Lerarn and Blackboard. Judge Clark apparently did NOT issue an order of any kind. He has put a hold on things for 10 days in order for the two sides to talk - apparently, according to a good source. Al Essa tweeted what he believed to be true based on a court document that he saw. The document does in fact say that "Court will enter a written Judgment and Permanent Injunction." To tell you the truth, I'm more confused now than I was 15 minutes ago. Desire2Learn is expected to issue a statement this afternoon. Maybe some clarity, let's hope.

Blackboard is working hard on becoming the most hated corporation in the education market. Anyone paying attention will easily come to the conclusion that these people do not play fair; are not collegial in any way , shape, or form; and fully deserve to be shunned by the educational industry that they seek to monopolize. More dirt about Blackboard comes from the information released by D2L in their response to BB's Motion for Permanent Injunction. See pages 10-11 of 18. "In the past three years, Bb has made two requests to the government of the United States for assistance in helping Bb avoid competing in a free and open market. Bb successfully advocated to the United States Department of Justice that Bb’s absorption of the second-largest CMS provider in the market would not adversely affect competition, in large part because its competitor, D2L, had “continuing momentum” that would prevent Bb from having undue market power after the merger. However, almost immediately upon c...

During my conversation with John Baker yesterday, I talked with him about the following: I believe that this bogus patent and aggressive lawsuit has been the start of an anti-Blackboard movement within Higher Ed, which is of course exactly what they deserve. However, it should be of some concern to Desire2Learn that this movement may not be restricted only to Blackboard even though they are the current poster child for untrustworthy partners. In other words, is there a danger that the higher ed community will take this as a wake-up call to not only avoid deep ties to Blackboard, but to all vendors since any of them might potentially start acting in ways that are not collegial in nature? My question to John: If the result of this lawsuit is that higher ed starts to avoid vendor relationships altogether and concentrates more on managing their own services via open source options - won't Blackboard's bad deeds actually hurt the entire vendor community, including D2L? John's an...

D2L's response to Blackboard injunction filing starts like this: "After more than nine hours of deliberation, the jury returned with a verdict that rejected over 80% of Plaintiff Blackboard, Inc.’s (“Bb”) claims of patent infringement against Defendant Desire2Learn Inc. (“D2L”). Bb, however, simply ignores the jury’s verdict ruling against it on most of the case and unabashedly asks the Court to enjoin D2L from selling “all versions and subversions” of D2L’s Learning Environment product for both “hosted and self-hosted schools,” as well as D2L’s “entire services spectrum, including hosting, training, help desk, implementation, customization, and content services.” Bb also asks the Court to impose a 25 % royalty on products and services provided to existing customers, whether D2L-hosted or not, even though the jury plainly rejected such a royalty rate and the undisputed evidence showed that D2L cannot pay such a royalty rate. Bb’s overreaching underscores the real motive behin...

I just got off the phone with John Baker (far left on photo) and Diane Lank (not pictured), attorney for Desire2Learn. We talked for about 30 minutes about the trial, the verdict, next steps, etc. In about an hour (noon central), D2L will post some new information on their Patent Blog that should be very interesting. Suffice it to say that a recent Blackboard filing (for an injunction, I believe) was made "under seal," most likely so they would not face the ire of the education community for the tactics employed in their legal maneuverings (my opinion). The juicy part should come on the D2L Blog when they release the official response which will NOT BE UNDER SEAL and will of course address the points made by Blackboard under seal. That should be great fun for those us watching from the sidelines. (Update - it has now been posted as of 2:32 PM central.) Also see new post above or click here for info about D2L's response . There may be some interesting info in that postin...