E-Learning platforms: Innovation, intellectual property and open source James Dalziel Professor of Learning Technology & Director, Macquarie E-Learning Centre Of Excellence (MELCOE) Macquarie University, Sydney, Australia Presentation for ACODE 42 Conference, UNSW November 2 nd, 2006

Overview Part 1: Innovation in e-learning E-learning innovation: The LMS and beyond Current Innovations: Case Studies E-learning and open source software Integration and open standards Part 2: E-learning and Intellectual property Intellectual property Blackboard’s LMS patent and legal actions

Part 1: E-learning innovation Within a decade, the Learning Management System (LMS) became central to most HE e-learning approaches After significant innovation in the late 90s, LMS (pedagogical) innovation has been weaker in the 00s –Few significant changes to the core learning activity toolset –(Innovations in enterprise architecture, etc, are separate) Some LMSs provide the ability to plug-in additional tools through a (proprietary) integration framework –Eg, Blackboard Building Blocks, WebCT Powerlinks Most pedagogical innovation is now outside the LMS

Current Innovations Some current innovations include: –Podcasts –Repositories –Learning Design –ePortfolios / Personal Learning Environments

Current Innovations: Podcasts Podcasting is a term to describe the digital recording and dissemination of lectures –Typically audio only, although potential for video/PPT syncing –Streaming or download audio files –Typically available quickly, remain available throughout course Lecture podcasting is transforming the student experience of typical HE courses –Ability to stop and start, go back over hard to understand sections, replay multiple times, revision prior to exams, etc –Classic example of e-learning “flexibility of time, place and pace” –Changing lecture attendance patterns – may not be all good….

Current Innovations: Repositories Repositories covers a wide range of systems –E-journal / e-reserve repositories –Learning Object repositories –“Personal” repositories, group workspaces (eg, Yahoo e-groups) Some of the key systems are open source software, developed by HE for HE –DSpace –Fedora –GNU ePrints Growing links to federated authentication approaches like Shibboleth, which is also open source software

Current Innovations: Learning Design Systems for describing and delivering sequences of learning activities and content Rich pedagogical potential arising from educational activity “workflow” approach Ability to capture, and hence store, share, re-use and adapt Learning Designs Key systems are open source software –Coppercore / Reload –LAMS V2 out now: see for account

LAMS V2 Authoring – including “offline” activity (Forum)

Current Innovations ePortfolios provide students with an area to collect and reflect on their learning experiences Can also provide a basis for institutional assessment and records A similar new area is “Personal Learning Environments” (PLE) – which takes the student controlled aspects of e- portfolios even further – personal workspace Some key systems are open source software –For example “elgg” e-portfolio/PLE

E-learning and open source software Open source software (OSS) is having a significant impact throughout e-learning – not just new approaches Many OSS LMS – two major systems are: –Moodle (based in Australia) – thousands of installations –Sakai (based in USA) – hundreds of installations I recently lost a bet about how many installations of these were over 10,000 users – the current numbers: –Moodle: 73+ –Sakai: –Both growing rapidly

Integration and open standards Open standards are often more important than open source –Help avoid lock-in to any one system, regardless of whether it is closed or open –However, at least with open source, you can see the code and modify it if you have to (to help avoid lock-in) Despite much work in open standards in e-learning (eg, IMS, IEEE LTSC, ISO SC36) several key standards missing or not yet sufficiently mature: –“Course backup” format (common cartridge is a first step) –Robust tool integration (IMS TI is a first step) –Forum configuration (how could this be missing after 10 yrs?) Real interoperability (move course from one system to another easily) is still some way off, and may not be implemented by all

Part 2: Intellectual Property Different kinds of intellectual property –Copyright –Patents –Trademarks –Others Key issues: Copyright protects only the specific expression, whereas a patent can protect an idea (and hence any expression of that idea) Free and open source software uses copyright to invert the usual approach to “free up” content –OSS is not anti-copyright; quite the opposite

Patents Recent years have seen an explosion in software patents (especially in the US, and by extension, Aust) Any significant software development today is likely to infringe hundreds of patents Most companies do not use patents “offensively” (ie, sue those who infringe) – many are “defensive” (protection if sued by others) A patent holder can potentially require royalty payment, or stop someone from distributing an infringing system

Patents and open source Patents may pose a special problem for open source –Community development process means no / few lawyers to advise on issues –Lack of funds to defend against unfair lawsuits (typical US patent lawsuit defense costs $2-5M – even if you were in the right!) –Potential for patent owner to require royalty payments (but no license income!) or stop distribution –Current examples include Hibernate Model railroad software

Blackboard Patent Blackboard has asserted a patent against a competitor about LMS technology (court case running now) Patent appears to be quite broad –Although Blackboard does not agree There may be prior art – not yet clear –Blackboard disagree Other Blackboard patents to come Patent granted in Australia, not just USA Blackboard have said just lawsuit between two commercial competitors, not something for others to lose sleep over –For Blackboard details, see

Blackboard Patent Many negative responses –See blogs such as Michael Feldstein, Stephen Downes, Al Essa and many others EDUCAUSE Directors response (letter to Blackboard - extract): –"We believe that Blackboard should disclaim the rights established under your recently-awarded patent, placing the patent in the public domain and withdrawing the claim of infringement against Desire2Learn. We believe this action would be in the best business interests of Blackboard and in the best interests of higher education.“ – Apart from specific concerns, general problem of chill on innovation Alternative? Open patent licensing / covenant not to sue (eg RSA)