Defensive patents for open source?
At Syracuse University we are using the Sakai platform as a means to jump start an idea. As a research group within the School of Education, we are focused on developing innovative approaches to engaging teachers and learners. The particular effort we have been involved in over the last three years has required us to analyze the gap between the courseware and portfolio-ware toolsets and how we might better reconcile those differences. We needed a platform on which to develop new tools that bridged that gap. It should be no surprise that OSP/Sakai provided us with that opportunity.
Not only was it a compelling research question, but one solution to the problem, which flies under the flag of the "Goal Management"/"Goal Aware tools" flag in Sakai's contrib area, seemed to have broad application as K12 schools struggle to gather data to demonstrate that they are meeting NCLB and higher education accrediting bodies are beginning to focus on outcomes-based assessments of institutions as part of their accreditation process. One of the truly amazing benefits of engaging the Sakai community was that it gave our small group people to talk and wrestle with as we developed the idea. We believe this is a community idea.
We knew that Bb had been looking into this arena as well. A hallway meeting at the Baltimore Sakai conference revealed that Bb was working on requirements for a similar system. Although I attempted to connect with them over the phone, hoping for a way to share ideas and both benefit from the encounter, it quickly became apparent that there was not going to be a relationship as our two groups' philosophy on the matter were quite different. We have presented our progress at each conference since then, openly to everyone...
I gather that there is a Blackboard system coming out soon that is apparently the culmination of Bb's work in this area called the Outcomes System. Its objectives seem very similar to ours and (although I have seen not seen the new system yet) I anticipate that it will work much like what we have developed with this community. I can certainly imagine another Bb patent on this innovation. I don't think the ambiguous language offered by Bb with regard to not suing open source communities afford us much comfort. That could change if they simply changed their stance...but I can't hold my breath that long.
What's an honest Sakai guy to do? I believe that a community owned patent would allow us to continue to have a bit of elbow room so that we might innovate some more. Sakai's IT value for us lies in its ability to provide us with a place to innovate and create new ideas and initiate change. I think that need begs the question of defensive patents and a stance from the community.