1. Legal Aspects of eLearning Prof.Dr.Srisakdi Charmonman Chief Executive Officer College of Internet Distance Education Assumption University of Thailand charm@ksc.au.edu www.charm.au.edu Keynote Address at the International Conference on eLearning Ramkhamhaeng University, Bangkok, Thailand. December 14-16, 2006. 1

2. 1.Introduction 2.National Laws to Legalize eLearning 3.State-Level Law to Require eLearning 4.Copyright Law 5.Digital Millennium Copyright Law 6.Technology, Education and Copyright Harmonization Law Legal Aspects of eLearning 2

3. 7. Family Education Rights and Privacy Law 7. Family Education Rights and Privacy Law 8. Web Accessibility Initiative 8. Web Accessibility Initiative 9. eCommerce Law 9. eCommerce Law 10. Learning Management System Patent Dispute 11. Concluding Remarks Legal Aspects of eLearning 3

4. As of the year 2006, in addition to virtual universities, at least 63% of classroom-based universities and colleges in the United States are also offering eLearning. As of the year 2006, in addition to virtual universities, at least 63% of classroom-based universities and colleges in the United States are also offering eLearning. In Thailand, Assumption University became the first university in the country to offer complete eLearning degree program in January 2006. In Thailand, Assumption University became the first university in the country to offer complete eLearning degree program in January 2006. 1. Introduction 1. Introduction 4

5. Searching for “eLearning law” 5

6. One of the best sources of information is “www.google.com” where there are over 8 billion entries. One of the best sources of information is “www.google.com” where there are over 8 billion entries. For example, searching for “eLearning law”, over 1,070,000 entries were found. For example, searching for “eLearning law”, over 1,070,000 entries were found. Introduction (Cont.) 6

7. Several other Thai universities, both government and private, are offering eLearning degree programs. Several other Thai universities, both government and private, are offering eLearning degree programs. In the US, there is no field of study in which eLearning is not used. In the US, there is no field of study in which eLearning is not used. There are all kinds of laws concerning learning. There are all kinds of laws concerning learning. The legal aspects of classroom-based learning are well-known but for eLearning the matter must be carefully considered. The legal aspects of classroom-based learning are well-known but for eLearning the matter must be carefully considered. Introduction (Cont.) Introduction (Cont.) 7

8. This paper will present: - Law to Legalize eLearning at the National Level. - Law to Require eLearning at the State Level. - Copyright Law. - Digital Millennium Copyright Law. - Technology, Education and Copyright Harmonization Law. - Family Education Rights and Privacy Law. - Web Accessibility Initiative. - eCommerce Law, and Learning Management System Patent Dispute. This paper will present: - Law to Legalize eLearning at the National Level. - Law to Require eLearning at the State Level. - Copyright Law. - Digital Millennium Copyright Law. - Technology, Education and Copyright Harmonization Law. - Family Education Rights and Privacy Law. - Web Accessibility Initiative. - eCommerce Law, and Learning Management System Patent Dispute. Introduction (Cont.) Introduction (Cont.) 8

9. The author has also written over 36 papers on eLearning and related matters such as: - Hardware - Software - Telecommunications So, information from Google and the author’s works will be used in this paper. The author has also written over 36 papers on eLearning and related matters such as: - Hardware - Software - Telecommunications So, information from Google and the author’s works will be used in this paper. Introduction (Cont.) Introduction (Cont.) 9

10. Comparing to classroom-based education, eLearning is relatively new. Comparing to classroom-based education, eLearning is relatively new. All kinds of laws have been passed to cover classroom-based learning but not many to cover eLearning. All kinds of laws have been passed to cover classroom-based learning but not many to cover eLearning. Some of the earlier laws did not recognize eLearning or even made eLearning illegal. Some of the earlier laws did not recognize eLearning or even made eLearning illegal. By the year 2006, all countries have provided or are in the process of providing eLearning. By the year 2006, all countries have provided or are in the process of providing eLearning. Introduction (Cont.) Introduction (Cont.) 10

11. Therefore, new laws may have to be passed or existing laws modified to cover eLearning. Therefore, new laws may have to be passed or existing laws modified to cover eLearning. This paper will discuss examples of eLearning-related laws, such as: - New laws to make eLearning legal. - New laws to require students to take eLearning courses. - Modifications of existing laws to facilitate eLearning. - Applications of existing laws to eLearning. This paper will discuss examples of eLearning-related laws, such as: - New laws to make eLearning legal. - New laws to require students to take eLearning courses. - Modifications of existing laws to facilitate eLearning. - Applications of existing laws to eLearning. Introduction (Cont.) Introduction (Cont.) 11

12. 2.1 Thai Law to Legalize eLearning 2.2 The US Internet Equity and Education Act of 2001. 2. National Laws to Legalize e-Learning 12

13. On April 25, 2002, Prof. Charmonman proposed and got approval from the Board of Trustees of Assumption University (AU) to establish the first eLearning College in Thailand: - The College of Internet Distance Education. - Announced that the College would eventually serve 100,000 students per year. - Making a net profit of about 4 billion Baht per year. On April 25, 2002, Prof. Charmonman proposed and got approval from the Board of Trustees of Assumption University (AU) to establish the first eLearning College in Thailand: - The College of Internet Distance Education. - Announced that the College would eventually serve 100,000 students per year. - Making a net profit of about 4 billion Baht per year. 2.1 Thai Law to Legalize eLearning 13

14. In the year 2002, he also met former Prime Minister Thaksin Shinawatra and proposed to him that Thailand legalize eLearning. - The former Prime Minister agreed and advised him to start the process. - So, he sent a letter to the Minister of University Affairs asking permission for Assumption University to offer its degree programs in the eLearning mode. In the year 2002, he also met former Prime Minister Thaksin Shinawatra and proposed to him that Thailand legalize eLearning. - The former Prime Minister agreed and advised him to start the process. - So, he sent a letter to the Minister of University Affairs asking permission for Assumption University to offer its degree programs in the eLearning mode. Thai Law to Legalize eLearning (Cont.) 14

15. - Prof. Charmonman also authored the first draft of the first eLearning decree in Thailand. - The government established a committee to consider the law and he was invited to be a member. - Prof. Charmonman also authored the first draft of the first eLearning decree in Thailand. - The government established a committee to consider the law and he was invited to be a member. Thai Law to Legalize eLearning (Cont.) 15

16. AU team met the Minister of University Affairs and tried to convince him to support eLearning. Rev.Bro.Dr. Prathip Martin Komolmas, the President Emeritus, Rev.Bro.Dr. Prathip Martin Komolmas, the President Emeritus, Rev.Bro.Dr. Bancha Saenghirun, the President. Rev.Bro.Dr. Bancha Saenghirun, the President. Prof. Charmonman, the College CEO Prof. Charmonman, the College CEO Thai Law to Legalize eLearning (Cont.) 16

17. In his capacity as the Founder and Chairman of ABAC Poll, Prof. Charmonman ordered an eLearning survey in 2003 which founded 77% of the sample were interested in continuing their education through eLearning. In his capacity as the Founder and Chairman of ABAC Poll, Prof. Charmonman ordered an eLearning survey in 2003 which founded 77% of the sample were interested in continuing their education through eLearning. Thai Law to Legalize eLearning (Cont.) 17

18. On November 26, 2003, the Ministry of University Affairs organized an open hearing on the eLearning law. On November 26, 2003, the Ministry of University Affairs organized an open hearing on the eLearning law. Thai Law to Legalize eLearning (Cont.) 18

19. In his capacity as the President of the Computer Association of Thailand under the Royal Patronage of HM the King, In his capacity as the President of the Computer Association of Thailand under the Royal Patronage of HM the King, - Prof. Charmonman presented the draft law in the morning and chaired the open hearing in the afternoon. - Prof. Charmonman presented the draft law in the morning and chaired the open hearing in the afternoon. - The results were used in modifying the law. - The results were used in modifying the law. Thai Law (Cont.) 19

20. In August, 2004, Prof. Charmonman was elected Chairman of e-ASEAN Business Council. - At that time, the Thai Government has not passed the eLearning decree. - So, he tried to get help from ASEAN. - He proposed to the ASEAN Ministers that eLearning be promoted by all ASEAN member countries and the Ministers agreed. In August, 2004, Prof. Charmonman was elected Chairman of e-ASEAN Business Council. - At that time, the Thai Government has not passed the eLearning decree. - So, he tried to get help from ASEAN. - He proposed to the ASEAN Ministers that eLearning be promoted by all ASEAN member countries and the Ministers agreed. Thai Law (Cont.) 20

21. Prof. Charmonman sent many letters to the authorities. - Dated 23 September 2002, he sent a letter to the Minister requesting permission for AU to offer eLearning. - Dated 15 September 2003, he sent a letter to the Prime Minister to speed up the eLearning decree. Prof. Charmonman sent many letters to the authorities. - Dated 23 September 2002, he sent a letter to the Minister requesting permission for AU to offer eLearning. - Dated 15 September 2003, he sent a letter to the Prime Minister to speed up the eLearning decree. Thai Law (Cont.) 21

22. - Dated 14 March 2005, he sent another letter to the Prime Minister that Cambodia was ahead of Thailand on eLearning and Thailand should pass the eLearning decree as soon as possible to be ahead of Cambodia. - Dated 14 March 2005, he sent another letter to the Prime Minister that Cambodia was ahead of Thailand on eLearning and Thailand should pass the eLearning decree as soon as possible to be ahead of Cambodia. Thai Law to Legalize eLearning (Cont.) 22

23.  After 3 years, 5 ministers, and many revisions of the eLearning law In October 2005. the decree to legalize eLearning in Thailand was published in the Royal Gazette. In October 2005. the decree to legalize eLearning in Thailand was published in the Royal Gazette. Thai Law to Legalize eLearning (Cont.) 23

24. In January 2006, AU became the first university in Thailand to offer a complete eLearning degree program, Master of Science in Management, with Prof. Charmonman as the Program Director. In January 2006, AU became the first university in Thailand to offer a complete eLearning degree program, Master of Science in Management, with Prof. Charmonman as the Program Director. In 2006, AU offered three MS degree programs and Ph.D. in eLearning Methodology which is the first such Ph.D. in the world. In 2006, AU offered three MS degree programs and Ph.D. in eLearning Methodology which is the first such Ph.D. in the world. Thai Law to Legalize eLearning (Cont.) 24

25. Searching for “phd elearning methodology” resulted in AU as the first 7 entries Searching for “phd elearning methodology” resulted in AU as the first 7 entries Thai Law to Legalize eLearning (Cont.) 25

26. “phd elearning methodology” 26

27. In June 2006, the International Biographical Centre in Cambridge, UK, named Prof. Srisakdi Charmonman the Father of Thai E-Learning. In June 2006, the International Biographical Centre in Cambridge, UK, named Prof. Srisakdi Charmonman the Father of Thai E-Learning. Thai Law to Legalize eLearning (Cont.) 27

28. The Father of Thai E-Learning 28

29. The Father of Thai E-Learning 29

30. Prior to the year 2001, eLearning was not completely accepted by US laws. For example: - To be eligible for federal financial aid, students had to satisfy the “50% Rule” and the“12-Hour Rule”. * The “50% Rule” required students to take at least 50% of learning in the classrooms. Prior to the year 2001, eLearning was not completely accepted by US laws. For example: - To be eligible for federal financial aid, students had to satisfy the “50% Rule” and the“12-Hour Rule”. * The “50% Rule” required students to take at least 50% of learning in the classrooms. 2.2 The US Internet Equity and Education Act of 2001 30

31. * The “12 Hour Rule” required higher-education programs that did not operate in a standard semester, trimester, or quarter system to offer a minimum of 12 hours of course work a week. * The “12 Hour Rule” required higher-education programs that did not operate in a standard semester, trimester, or quarter system to offer a minimum of 12 hours of course work a week. The US Internet Equity and Education Act of 2001 (Cont.) 31

32. The “12 Hour Rule” were killed by the Internet Equity and Education Act of 2001. The “12 Hour Rule” were killed by the Internet Equity and Education Act of 2001. The US Internet Equity and Education Act of 2001 (Cont.) 32

33. Providers of eLearning services had been calling for abolishing the regulations for several years and finally considered the Internet Equity and Education Act of 2001 the US law as making eLearning as legal as the classroom-based learning. Providers of eLearning services had been calling for abolishing the regulations for several years and finally considered the Internet Equity and Education Act of 2001 the US law as making eLearning as legal as the classroom-based learning. The US Internet Equity and Education Act of 2001 (Cont.) 33

34. The State of Michigan of the US is the first to pass a law requiring every high school graduate to take at least one eLearning course. The State of Michigan of the US is the first to pass a law requiring every high school graduate to take at least one eLearning course. 3. State-Level Law to Require eLearning 34

35. On December 13, 2005, the Michigan State Board of Education adopted a plan requiring that all Michigan students cannot graduate with a Grade 12 certificate without completing 18 credits in - English. - Mathematics. - Science. On December 13, 2005, the Michigan State Board of Education adopted a plan requiring that all Michigan students cannot graduate with a Grade 12 certificate without completing 18 credits in - English. - Mathematics. - Science. State-Level Law to Require eLearning (Cont.) State-Level Law to Require eLearning (Cont.) 35

36. - Social Studies. - Visual and Performing Arts. - Health and Physical Education. - World Languages. - Social Studies. - Visual and Performing Arts. - Health and Physical Education. - World Languages. State-Level Law to Require eLearning (Cont.) State-Level Law to Require eLearning (Cont.) 36

37. Effective April 2006, all Michigan students must take at least one eLearning course to complete all the requirements for Grade12. Effective April 2006, all Michigan students must take at least one eLearning course to complete all the requirements for Grade12. Michigan Virtual University (MVU) joined with Blackboard Inc. to deliver eLearning to 450,000 Michigan high school students during the next 3 years thru Michigan Virtual High School (MVHS). Michigan Virtual University (MVU) joined with Blackboard Inc. to deliver eLearning to 450,000 Michigan high school students during the next 3 years thru Michigan Virtual High School (MVHS). State-Level Law to Require eLearning (Cont.) State-Level Law to Require eLearning (Cont.) 37

38. With Michigan passing the law requiring every high school student to take at least one eLearning course, other States will probably consider similar laws. With Michigan passing the law requiring every high school student to take at least one eLearning course, other States will probably consider similar laws. If the US Federal Government passes a law to require eLearning, other countries may also have serious consideration to compete. If the US Federal Government passes a law to require eLearning, other countries may also have serious consideration to compete. State-Level Law to Require eLearning (Cont.) State-Level Law to Require eLearning (Cont.) 38

39. The first Copyright Law of Thailand was drafted by a committee chaired by Phraya Nittisatra Baisalya (Mr. Von Charmonman who is the father of the author). The first Copyright Law of Thailand was drafted by a committee chaired by Phraya Nittisatra Baisalya (Mr. Von Charmonman who is the father of the author). In the year 2006, the copyright law applicable in Thailand is a modification of the earlier version and the working group responsible for the computer-related modification was chaired by the author of this paper. In the year 2006, the copyright law applicable in Thailand is a modification of the earlier version and the working group responsible for the computer-related modification was chaired by the author of this paper. 4. Copyright Law 39

40. Similar to copyright laws in most countries, there are exceptions such as: - Fair use. - Making a single copy for personal education and research. Similar to copyright laws in most countries, there are exceptions such as: - Fair use. - Making a single copy for personal education and research. Copyright Law (Cont.) Copyright Law (Cont.) 40

41. In a face-to-face class, a professor may display a copyrighted textbook on the screen and teach or make explanation from there. In a face-to-face class, a professor may display a copyrighted textbook on the screen and teach or make explanation from there. In an eLearning class, a professor cannot legally digitize a copyrighted book to be shown to students thru the Internet. In an eLearning class, a professor cannot legally digitize a copyrighted book to be shown to students thru the Internet. Copyright Law (Cont.) 41

42. Textbooks, magazines, and all kinds of printed materials have been used in the face-to-face classes by asserting fair use. Textbooks, magazines, and all kinds of printed materials have been used in the face-to-face classes by asserting fair use. In eLearning case, the assertion cannot be claimed under the copyright law and permission or licensing may have to be obtained and paid for. In eLearning case, the assertion cannot be claimed under the copyright law and permission or licensing may have to be obtained and paid for. Copyright Law (Cont.) 42

43. On October 28, 1998, the DMCA (Digital Millennium Copyright Act) was signed into law by former US President Clinton. On October 28, 1998, the DMCA (Digital Millennium Copyright Act) was signed into law by former US President Clinton. DMCA implemented WIPO (World Intellectual Property Organization) treaties signed by the US in 1996. DMCA implemented WIPO (World Intellectual Property Organization) treaties signed by the US in 1996. 5. Digital Millennium Copyright Law 43

44. DMCA specifies the term for instructors and students to use email, website, and other Information Technology at their universities. DMCA specifies the term for instructors and students to use email, website, and other Information Technology at their universities. Digital Millennium Copyright Law Digital Millennium Copyright Law(Cont.) 44

45. Example: - If the course website allows students to download * any web content. * either texts or multimedia, the instructor could be liable for copyright infringement unless he takes the precautions prescribed in the DMCA. Example: - If the course website allows students to download * any web content. * either texts or multimedia, the instructor could be liable for copyright infringement unless he takes the precautions prescribed in the DMCA. Digital Millennium Copyright Law Digital Millennium Copyright Law(Cont.) 45

46. Thailand and other countries should follow the US in introducing a law similar to “The TEACH Act (Technology, Education and Copyright Harmonization Act 2002)” which was signed into law by the US President on November 2, 2002. Thailand and other countries should follow the US in introducing a law similar to “The TEACH Act (Technology, Education and Copyright Harmonization Act 2002)” which was signed into law by the US President on November 2, 2002. 6. Technology, Education and Copyright Harmonization Law 6. Technology, Education and Copyright Harmonization Law 46

47. The TEACH Act clarifies what usages of copyrighted materials are permitted with regard to eLearning. The TEACH Act clarifies what usages of copyrighted materials are permitted with regard to eLearning. It also outlines what requirements the eLearning providers, - Faculty members - Staff members - Students must abide by, in order to be in compliance with the law. It also outlines what requirements the eLearning providers, - Faculty members - Staff members - Students must abide by, in order to be in compliance with the law. TEACH Act (Cont.) TEACH Act (Cont.) 47

48. In 1998, the US Congress directed the Copyright Office to submit a report what should be done to facilitate the use of digital technology in eLearning. In 1998, the US Congress directed the Copyright Office to submit a report what should be done to facilitate the use of digital technology in eLearning. In March 2001, the Copyright Office recommended significant changes and a bill to that effect was introduced. In March 2001, the Copyright Office recommended significant changes and a bill to that effect was introduced. TEACH Act (Cont.) 48

49. For example, the TEACH Act authorizes the educators to digitize copyrighted works for use in eLearning but would have to pare down some of the materials. For example, the TEACH Act authorizes the educators to digitize copyrighted works for use in eLearning but would have to pare down some of the materials. In particular, a musical work may be shown in full in the classroom mode of learning, but in eLearning mode, it must be shown only as clips. In particular, a musical work may be shown in full in the classroom mode of learning, but in eLearning mode, it must be shown only as clips. TEACH Act (Cont.) TEACH Act (Cont.) 49

50. The TEACH Act allows performance and displays in the classroom mode of learning, but not digital delivery of the same materials for the eLearning mode. The TEACH Act allows performance and displays in the classroom mode of learning, but not digital delivery of the same materials for the eLearning mode. Supplemental reading materials also cannot be made digitally available for eLearning students. Supplemental reading materials also cannot be made digitally available for eLearning students. TEACH Act (Cont.) 50

51. The TEACH Act allows the followings: (1) Transmitting performances of all of a non-dramatic literacy or musical work, e.g. a poetry or short story reading may be shown in full but a drama can not. (2) Transmitting reasonable and limited portions of any other performance, e.g. films and videos of all types. The TEACH Act allows the followings: (1) Transmitting performances of all of a non-dramatic literacy or musical work, e.g. a poetry or short story reading may be shown in full but a drama can not. (2) Transmitting reasonable and limited portions of any other performance, e.g. films and videos of all types. TEACH Act (Cont.) TEACH Act (Cont.) 51

52. (3) Transmitting displays of any work, i.e. still images of all kinds, in amounts comparable to typical face-to-face displays. (3) Transmitting displays of any work, i.e. still images of all kinds, in amounts comparable to typical face-to-face displays. The TEACH Law applies only to accredited nonprofit educational institutions and not to for-profit virtual universities or corporate eLearning. The TEACH Law applies only to accredited nonprofit educational institutions and not to for-profit virtual universities or corporate eLearning. TEACH Act (Cont.) TEACH Act (Cont.) 52

53. There are many privacy-related laws in the US and the one concerning education is the Family Education Rights and Privacy Act (FERPA). There are many privacy-related laws in the US and the one concerning education is the Family Education Rights and Privacy Act (FERPA). Its effective date was November 19, 1974. Its effective date was November 19, 1974. This Federal law protects the privacy of student education records. This Federal law protects the privacy of student education records. Parents do have certain rights if the student has not reached the age of 18. Parents do have certain rights if the student has not reached the age of 18. 7. Family Education Rights and Privacy Law 53

54. Generally, eLearning providers must have written permission from the parents or students to release any information from a student’s education records. Generally, eLearning providers must have written permission from the parents or students to release any information from a student’s education records. Family Education Rights and Privacy Law (Cont.) Family Education Rights and Privacy Law (Cont.) 54

55. FERPA allows eLearning providers to disclose those records without consent under some conditions, such as: - To other schools to which a student is transferring. - To specified officials for audit or evaluation perposes. - To appropriate parties in connection with financial aid to a student. - To accrediting organizations, and etc. FERPA allows eLearning providers to disclose those records without consent under some conditions, such as: - To other schools to which a student is transferring. - To specified officials for audit or evaluation perposes. - To appropriate parties in connection with financial aid to a student. - To accrediting organizations, and etc. Family Education Rights and Privacy Law (Cont.) Family Education Rights and Privacy Law (Cont.) 55

56. The World Wide Web Consortium (W3C) has a Web Accessibility Initiative (WAI) which published the Web Content Accessibility Guidelines (WCAG). The World Wide Web Consortium (W3C) has a Web Accessibility Initiative (WAI) which published the Web Content Accessibility Guidelines (WCAG). 8. Web Accessibility Initiative 56

57. The guidelines imply that eLearning provider’s web must: - Provide equivalent alternatives to auditory and visual content. - Not rely on color alone. - Use markup and style sheets and do so properly. - Clarify natural language usage. - Create tables that transform gracefully. The guidelines imply that eLearning provider’s web must: - Provide equivalent alternatives to auditory and visual content. - Not rely on color alone. - Use markup and style sheets and do so properly. - Clarify natural language usage. - Create tables that transform gracefully. Web Accessibility Initiative (Cont.) 57

58. - Ensure that pages featuring new technologies transform gracefully. - Ensure user control of time-sensitive content changes. - Ensure direct accessibility of embedded user interfaces. - Design for device-independence. - Ensure that pages featuring new technologies transform gracefully. - Ensure user control of time-sensitive content changes. - Ensure direct accessibility of embedded user interfaces. - Design for device-independence. Web Accessibility Initiative (Cont.) 58

59. - Use W3C technologies and guidelines. - Provide context and orientation information. - Provide clear navigation mechanisms. - Ensure that documents are clear and simple. - Use W3C technologies and guidelines. - Provide context and orientation information. - Provide clear navigation mechanisms. - Ensure that documents are clear and simple. Web Accessibility Initiative (Cont.) 59

60. In the paper entitled “The eBusiness of eLearning”, it was said that providing eLearning services may be considered eBusiness just like any other business enterprises. In the paper entitled “The eBusiness of eLearning”, it was said that providing eLearning services may be considered eBusiness just like any other business enterprises. The concept of eBusiness includes the back-office part and the front-office part which is eCommerce. The concept of eBusiness includes the back-office part and the front-office part which is eCommerce. 9. eCommerce Law 60

61. There are all kinds of rules and regulations to be shown on the web pages concerning eCommerce, such as: There are all kinds of rules and regulations to be shown on the web pages concerning eCommerce, such as: (1) Information about the eLearning Provider, such as: - Name of the institution - Address - email address - Telephone and fax numbers (1) Information about the eLearning Provider, such as: - Name of the institution - Address - email address - Telephone and fax numbers eCommerce Law (Cont.) eCommerce Law (Cont.) 61

62. (2) Information about the prices must be clear and unambiguous, e.g. cost per quarter or semester credit, and all other costs. (2) Information about the prices must be clear and unambiguous, e.g. cost per quarter or semester credit, and all other costs. (3) Contract Completion, i.e. it must be clear when contract to apply for a course or a program is completed. The provider must give acknowledgement promptly and the student must be able to retain a copy of the contract. (3) Contract Completion, i.e. it must be clear when contract to apply for a course or a program is completed. The provider must give acknowledgement promptly and the student must be able to retain a copy of the contract. eCommerce Law (Cont.) eCommerce Law (Cont.) 62

63. (4) Prior Information such as: - Description of the course or program - Payment - Delivery of services and quality assurance (4) Prior Information such as: - Description of the course or program - Payment - Delivery of services and quality assurance eCommerce Law (Cont.) eCommerce Law (Cont.) 63

64. (5) Cancellation. There must be mandatory cancellation period during which a student may withdraw from the program and gets full refund. It should be noted that the eLearning provider may announce that cancellation cannot be done after the service has begun. (5) Cancellation. There must be mandatory cancellation period during which a student may withdraw from the program and gets full refund. It should be noted that the eLearning provider may announce that cancellation cannot be done after the service has begun. eCommerce Law (Cont.) eCommerce Law (Cont.) 64

65. According to chronicle.com, - In January 2006, the US Patent office awarded a patent to Blackboard and announced it in August 2006. According to chronicle.com, - In January 2006, the US Patent office awarded a patent to Blackboard and announced it in August 2006. The patent established Blackboard’s claim to some of the basic features of the software of eLearning. The patent established Blackboard’s claim to some of the basic features of the software of eLearning. 10. Learning Management System Patent Dispute 10. Learning Management System Patent Dispute 65

66. Michael Feldstein, Assistant Director of the State University of New York (SUNY) online learning network has been criticizing Blackboard for using the patent to block academic progress. Michael Feldstein, Assistant Director of the State University of New York (SUNY) online learning network has been criticizing Blackboard for using the patent to block academic progress. Right after the patent was announced, Blackboard sued Desire2Learn from Ontario, Canada, for infringement and asked for royalties from Desire2Learn. Right after the patent was announced, Blackboard sued Desire2Learn from Ontario, Canada, for infringement and asked for royalties from Desire2Learn. Learning Management System Patent Dispute (Cont.) Learning Management System Patent Dispute (Cont.) 66

67. Desire2Learn said it would defend itself as best as it could but no date has been set by the court. Desire2Learn said it would defend itself as best as it could but no date has been set by the court. The software for eLearning in the patent is “Learning Management System” or “LMS”. The software for eLearning in the patent is “Learning Management System” or “LMS”. Blackboard has the largest market share of commercial LMS software, followed by eCollege and Desire2Learn. Blackboard has the largest market share of commercial LMS software, followed by eCollege and Desire2Learn. Learning Management System Patent Dispute (Cont.) Learning Management System Patent Dispute (Cont.) 67

68. Others use open source software like “Moodle” and “the Sakai Project”. Others use open source software like “Moodle” and “the Sakai Project”. Feldstein and other academicians have tracked the history of virtual classrooms back to 1945 which was before Balckboard started its project at Cornell University. Feldstein and other academicians have tracked the history of virtual classrooms back to 1945 which was before Balckboard started its project at Cornell University. Learning Management System Patent Dispute (Cont.) Learning Management System Patent Dispute (Cont.) 68

69. Comparing to classroom-based learning, eLearning is relatively new. Comparing to classroom-based learning, eLearning is relatively new. All kinds of laws have been passed with regards to learning but not many for eLearning. All kinds of laws have been passed with regards to learning but not many for eLearning. Some of the earlier laws did not recognize eLearning or even made eLearning illegal. Some of the earlier laws did not recognize eLearning or even made eLearning illegal. Therefore, new laws have to be passed and existing law amended to facilitate eLearning. Therefore, new laws have to be passed and existing law amended to facilitate eLearning. 11. Concluding Remarks 11. Concluding Remarks 69

70. For example, an earlier US regulation required students to take at least 50% of learning in the classroom. That regulation is obviously against eLearning where no classroom at all is required. For example, an earlier US regulation required students to take at least 50% of learning in the classroom. That regulation is obviously against eLearning where no classroom at all is required. The US has passed the Internet Equity and Education Act of 2001 to abolish the 50% rule and, thus, facilitate eLearning. The US has passed the Internet Equity and Education Act of 2001 to abolish the 50% rule and, thus, facilitate eLearning. Concluding Remarks (Cont.) Concluding Remarks (Cont.) 70

71. Time Magazine stated that by the year 2020, eLearning will be in the main stream and the US has made preparation for such an event. Time Magazine stated that by the year 2020, eLearning will be in the main stream and the US has made preparation for such an event. Other countries should study the US initiatives and follow suit to be competitive. Other countries should study the US initiatives and follow suit to be competitive. Concluding Remarks (Cont.) Concluding Remarks (Cont.) 71

72. Thank you