How to Talk From Both Sides of your Mouth

Blackboard's general counsel Matthew Small is now saying that its lawsuit against Desire2Learn is a "one-off with no planned follow-up lawsuits." That comes from one side of his mouth.

When asked by Michael Feldstein whether the company would consider issuing a royalty-free license to open source projects and universities, Mr. Small asserts that to be a non-starter because it would "diminish the monetary value of the patent." That comes from the other side of his mouth.

The two statements don't add up and it doesn't take a law degree to do the reckoning.

If Mr. Small is intent on preserving the monetary value of his company's beloved patent, the only way to do it is to maintain the threat of litigation. Or, does Mr. Small expect that Blackboard's competitors, of their own accord, will simply line up to pay royalties?  Who in their right mind would do that without the fear of litigation? How can one attach a "monetary value" to a patent unless you intend to derive a revenue stream from it or block your competitors from doing so?

Blackboard Inc. has become adept at talking out of both sides of its mouth and these recent statements are yet another example of why the company can't be believed or trusted.

Note: I don't favor asking Blackboard to provide open source projects or universities with royalty-free use of their e-learning patent. That would be tantamount to recognizing Blackboard's ownership claim for an idea they didn't invent. Mr. Small, drop the lawsuit and stop pretending that your company invented anything. Your patent assertion is rubbish.