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TOP STORIES FOR FRIDAY, DECEMBER 01, 2006 Legal Center Files Challenge to Blackboard Patent Dept. of Education Proposes Expanding IPEDS New Rules Require Storing E-Mail Yahoo Says No to Google Request for Information Manchester Plans Municipal Wi-Fi Network LEGAL CENTER FILES CHALLENGE TO BLACKBOARD PATENT A legal center has filed the first formal action against a Blackboard patent that has caused considerable anxiety in the higher education community. The patent covers certain aspects of learning management systems, and Blackboard has filed an infringement lawsuit against rival Desire2Learn. Many in higher education believe that the patent is too broad, that it does not account for prior art, and that Blackboard will use its patent power to stifle innovation. The new complaint, filed by the Software Freedom Law Center, an open source advocacy group, seeks a reexamination by the U.S. Patent and Trademark Office. The center said it has provided sufficient prior art to invalidate the patent. Officials from Blackboard have repeatedly denied any intention of pursuing patent litigation against the open source community, but they have also refused to put such claims into writing. According to Blackboard, the company welcomes the reexamination, saying its patent will be shown to be valid and will be stronger after the review. Chronicle of Higher Education, 1 December 2006 (sub. req'd) http://chronicle.com/daily/2006/12/2006120101t.htm DEPT. OF EDUCATION PROPOSES EXPANDING IPEDS The U.S. Education Department has proposed significantly expanding the Integrated Postsecondary Education Data System (IPEDS), creating what it calls Huge IPEDS. In March 2005, the department proposed creating a unit-record database that would track students much more closely than current reporting does, allowing more accurate statistics for graduation and transfer rates among U.S. college students. Many in the higher education community resisted the unit-record database, saying it represents an invasion of student privacy, not to mention increasing the administrative workload. Some of the most vocal opponents of the unit-record database now see Huge IPEDS as a government tactic to move forward with the database by proposing another that is even more unpalatable. One official from a higher education association who asked not to be identified said, "It seems like a lever for the department to make an even stronger case why unit records make more sense." Mark Schneider, commissioner for education statistics at the Department of Education, declined to answer whether the new proposal is a decoy but did say that "people want and need more data, and were going to get it one way or the other." Inside Higher Ed, 1 December 2006 http://insidehighered.com/news/2006/12/01/ipeds NEW RULES REQUIRE STORING E-MAIL New rules go into effect December 1 requiring organizations that are parties to federal legal cases to be able to provide "electronically stored information" as evidence in those matters. Many courts have begun requiring such evidence, and the new rules clarify that federal courts will also insist on similar procedures. Some observers noted that as a result, routine purges of old electronic records, including those for e-mail, could be seen as tampering with evidence in the event that a lawsuit has been filed and the records at issue might pertain to the case. Organizations will need to be cautious, therefore, in how and when they delete electronic data, possibly resulting in considerable increases in costs of running computer systems. Wall Street Journal, 1 December 2006 (sub. req'd) http://online.wsj.com/article/SB116499202029638214.html YAHOO SAYS NO TO GOOGLE REQUEST FOR INFORMATION As part of its legal defense in a lawsuit over its book-scanning project, Google has sought information from other companies about similar projects. The lawsuit was brought by a group of publishers and the Authors Guild, alleging that Google violates their copyrights when it scans protected books. Amazon.com offers shoppers previews of books they are considering buying, and Yahoo and Microsoft are members of an alliance that is working to develop a vast online library, not unlike what Google is building with its Book Search program. Google believes that information about those efforts will bolster its defense. Following Amazon.com's refusal last month to provide Google with requested details, Yahoo has similarly declined to furnish Google with the information it seeks. In a letter explaining its decision, an attorney from Yahoo said, "There is simply no need for Google to be peering into the minds and computers of Yahoo employees." Seattle Post-Intelligencer, 29 November 2006 http://seattlepi.nwsource.com/business/1700AP_Yahoo_Google.html MANCHESTER PLANS MUNICIPAL WI-FI NETWORK The city of Manchester in the United Kingdom announced plans to build a municipal Wi-Fi network that will cover 90 percent of the city and include as many as 2.2 million people. The wireless network is part of the city's bid to win a government competition for IT funding. In that competition, called the Digital Challenge Initiative, one region of the country will be selected to receive as much as 3 million pounds to fund IT projects. If Manchester's bid is successful, those funds would be used in part to pay for the wireless network, though city officials said the network's development does not depend on winning the contest. Dave Carter, head of the Digital Development Agency, which is overseeing the Wi-Fi project, said it will have enormous impacts for businesses and residents of the city. BBC, 1 December 2006 http://news.bbc.co.uk/2/hi/uk_news/england/manchester/6199382.stm ***************************************************** EDUPAGE INFORMATION To subscribe, unsubscribe, change your settings, or access the Edupage archive, visit http://www.educause.edu/Edupage/639 Or, you can subscribe or unsubscribe by sending e-mail to [EMAIL PROTECTED] To SUBSCRIBE, in the body of the message type: SUBSCRIBE Edupage YourFirstName YourLastName To UNSUBSCRIBE, in the body of the message type: SIGNOFF Edupage If you have subscription problems, send e-mail to [EMAIL PROTECTED] ***************************************************** OTHER EDUCAUSE RESOURCES The EDUCAUSE Resource Center is a repository for information concerning use and management of IT in higher education. 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