1. The Concern There is an inherent and growing tension between a legal and popular culture that is moving rapidly toward a pure property view of ideas and an academic culture that is premised on the free exchange of ideas. 1

2. The Concern There is an inherent and growing tension between a legal and popular culture that is moving rapidly toward a pure property view of ideas and an academic culture that is premised on the free exchange of ideas. Nowhere is the acceleration of the “pure property” view more evident than in the recent history of copyright. There is an inherent and growing tension between a legal and popular culture that is moving rapidly toward a pure property view of ideas and an academic culture that is premised on the free exchange of ideas. Nowhere is the acceleration of the “pure property” view more evident than in the recent history of copyright. 2

3. 200 years of copyright on one slide! In 1790 – It was the rare work that was protected –What was protected was for a short duration –Open was the default--Protection required action on the part of the author Today –Protection is the default and requires no action on the part of the author. –virtually everything is protected including, but not limited to…Poetry, prose, computer programs, art, movies, videos, written music, recorded music, plays, photographs, web pages, letters, faxes, PowerPoint presentations, and the list goes on. –And that protection lasts—forever Bottom line, if it involves a whit of creativity and it is “fixed,” it is probably protected by copyright. In 1790 – It was the rare work that was protected –What was protected was for a short duration –Open was the default--Protection required action on the part of the author Today –Protection is the default and requires no action on the part of the author. –virtually everything is protected including, but not limited to…Poetry, prose, computer programs, art, movies, videos, written music, recorded music, plays, photographs, web pages, letters, faxes, PowerPoint presentations, and the list goes on. –And that protection lasts—forever Bottom line, if it involves a whit of creativity and it is “fixed,” it is probably protected by copyright. 3

4. In 1790, copyright was clearly a brilliant scheme to foster the sharing of ideas. It did that by balancing the financial interests and rights of the author with the public’s right to access. In 2008, the balance is gone and copyright has become almost exclusively about protecting property rights. In 1790, copyright was clearly a brilliant scheme to foster the sharing of ideas. It did that by balancing the financial interests and rights of the author with the public’s right to access. In 2008, the balance is gone and copyright has become almost exclusively about protecting property rights. 4

5. As goes the law, so goes popular culture... Consider “The Proud Family” Consider American Association of University Presses’ response to Google Book scanning Consider “The Proud Family” Consider American Association of University Presses’ response to Google Book scanning 5

6. Closer to home... Who “owns” lecture notes? Who “owns” data and does that ownership include the right to determine when and whether analyses are published? Who “owns” the product of student/faculty collaborations? Who “owns” software and who gets to determine whether it is open sourced? Who “owns” lecture notes? Who “owns” data and does that ownership include the right to determine when and whether analyses are published? Who “owns” the product of student/faculty collaborations? Who “owns” software and who gets to determine whether it is open sourced? 6

7. Will we survive, much less thrive, in a world where everyone believes that protecting their intellectual property is job one? 7

8. Ok, but what does all of this have to do with Blackboard? –The same aggressive expansion of property protection that has been going on in copyrights, has also been going on in patents. It has just taken a different form. 8

9. Consider MODB Patents –Amazon.com patent #5960411 (1999) -- “One-click” buying –Priceline.com patent # 6041308 (2000) -- “Buyer pricing” –Amazon.com patent #5960411 (1999) -- “One-click” buying –Priceline.com patent # 6041308 (2000) -- “Buyer pricing” 9

10. Which sets up Blackboard’s current claims and a world in which many of us –Are incredulous –Feel betrayed –Feel threatened –Are confused –Are incredulous –Feel betrayed –Feel threatened –Are confused 10

11. Which sets up Blackboard’s current claims and a world in which many of us –Are incredulous –Feel betrayed –Feel threatened –Are confused …which brings us to Bruce. –Are incredulous –Feel betrayed –Feel threatened –Are confused …which brings us to Bruce. 11