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Blackboard’s Legal Moves Raise Fears

August 2, 2006, 11:01 am

Blackboard Inc. has sued a rival in the business of e-learning software, Desire2Learn Inc., accusing it of infringing a patent recently awarded to Blackboard. Some education observers fear that Blackboard’s patent may be so broad that it could stifle competition.

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13 Responses to Blackboard’s Legal Moves Raise Fears

dank48 - February 16, 2012 at 12:57 pm

Thank you for a concise yet comprehensive discussion of the matter. It’s so refreshing to read a summary of the situation devoid of hype. After half a year devoted to getting much of our backlist and frontlist converted into the various ebook formats–which might be compared to simultaneous publication of a print book in the Latin, Greek, and Cyrillic alphabets, although that would probably be easier–it’s heartening to see a piece on the subject that neither claims we’re all a decade behind the times because we’re concerned with niceties like legal rights and permissions nor implies that the process resembles falling off a log.

It’s a strange fact that many academic authors seem not to realize how !@#$%^&* complex their books are; one would think they’d have noticed. Oh, well. Thanks again.

dottyeyes - February 16, 2012 at 2:59 pm

So does this mean that public schools anxious to issue their students an iPad to replace textbooks and hence to ultimately save money may need to rethink this idea? Elementary school and high school textbooks seem to be the height of complexity in typesetting.

Carol Saller - February 16, 2012 at 3:50 pm

Dottyeyes, scholarly publishing is not about textbooks. It’s mostly about research monographs by academic specialists that will be read by other researchers and advanced graduate students. Advances on royalties are rare, and print runs are modest. Most university presses are nonprofits that have to be subsidized by their host institutions. Textbook publishing is big business and another topic altogether. (And I don’t know the answer to your question!)

Joe Clark - February 16, 2012 at 5:22 pm

So let’s see: Academic presses don’t know how to mark up HTML tables or use Unicode, and authors and publishers think fair use and fair dealing don’t exist, that permission must be granted  up front, and that permission varies by format of reproduction.

“Why your printed book isn’t an E-book” isn’t the question. “Why academics and publishers work in ignorance” is.

Joe Clark - February 16, 2012 at 5:23 pm

Actually, this piece does suggest the industry has its head up its ass about “legal rights and permissions.”

dottyeyes - February 17, 2012 at 9:22 am

Thanks. I didn’t think about the difference in print runs for scholarly books and textbooks. Economies of scale could make the e-publishing of textbooks worth the effort. Sometimes, considering the small print runs of scholarly works; their poor, obtuse writing; and the threats under which the authors write (publish or perish), I sometimes wonder–heresy–if print publishing of scholarly works is even worth it.

dank48 - February 17, 2012 at 10:08 am

 I don’t see any such suggestion in the article.

Dean Blobaum - February 17, 2012 at 2:25 pm

Joe Clark,

The discussion is about e-books on e-reading devices, not text on the web. Support for table tagging on e-book reading devices varies from non-existent to minimal to OK. Even where it is supported, the size and complexity of tables that are typical in scholarly work can make the use of table tagging result in unreadability. Unicode support on e-readers is just as variable.

Academic publishing is built on fair use. Quoting and criticism of a text is impossible without fair use. But academic publishers know what use is fair and what requires permission. We don’t steal and we’ve been stolen from too often.

Ludo Totem - February 17, 2012 at 2:37 pm

You wouldn’t happen to be one of those eBook zealots, would you? If so, then you probably know that formatting even simple books for electronic publication is a tremendous amount of highly tedious work and that it’s all too tempting to settle for mediocre results.

And if publishers think that permission varies by format of reproduction it’s probably because that’s precisely how courts have often ruled.

dank48 - February 17, 2012 at 3:40 pm

Not for the first time, the matter of rights and permissions seems to me to get short shrift from a lot of people. Heaven knows fair use is important. Part of the problem is similar to the problem with “from each according to his abilities, to each according to his needs.” “Fair use” can mean one thing to the person using the material and something very different to the person whose material is being used.

Francis Hamit - February 20, 2012 at 12:43 pm

As someone who has been publishing e-books since 2004, I agree with all of the above and then some!  We do straight text and often hire a contractor to format the longer e-books because getting a final product that is esthetically pleasing to the eye and, therefore, easy to read, is very difficult. Every device has its own quirks and text conversions have traps in the form of hidden codes that produce unintended artifacts that skew text all over the virtual page. It’s a mess.   The  economic appeal of e-books is that they are more ecologically responsible.  Traditional “best-seller” publishing prints thousands of books with the expectation that half of them will be returned to be destroyed or remaindered. This not only wastes the paper and labor needed to print and bind them, but the fuel to transport them. There is a print variant of the e-book called “print-on-demand” (POD) and this is the solution many small presses, academic or not, adopt.  Print copies are usually, even now, the only form accepted for review, so a small stock must be maintained for these and other complimentary copies. Not a perfect solution but a better one.  But the unit cost is higher and that drives the price per copy up because of the nature of the distribution system, which takes half, or more of the cover price. There is an expectation that e-books will be priced lower because no physical assets are consumed.  But you are not buying the physical asset, but the content within and the author(s) and the publisher still have to get paid somehow.  The inherent costs for editing and production are still there and formatting e-books properly is an added cost, even if you do it yourself.  Yes, e-books make is easier to publish.  The time-to-market is much quicker and the buy-in costs are less. but they are still there and actually making money given the number of people who expect to receive free or low-price books is harder than ever. The ten years you spent researching and writing the book is seldom acknowledged as something worthy of financial reward.

Joe Clark - March 18, 2012 at 2:54 pm

Dude. I wrote a book on Web standards. I know HTML semantics like nobody’s business. Plus I wrote a perfectly complaint ePub from scratch. (It took 27 versions, but I got there.) I know what I’m talking about.

Joe Clark - March 18, 2012 at 2:55 pm

I suspect your issue is your HTML sucks, not that E-readers are highly variable in edge-case rendering.