My institution uses an Open Source Software Course Management System that also includes certain free proprietary software elements. Am I covered by this pledge?
Blackboard recognizes that Open Source Software may at times incorporate certain proprietary elements to enhance functionality within the software. Therefore, in addition to the pledge above, Blackboard hereby irrevocably agrees not to assert the listed U.S. patents, as well as all counterparts of these patents issued in other countries, against the following open source initiatives: Sakai, Moodle, ATutor, Bodington, Elgg, Lon-Capa, Claroline, Connexions, Dokeos, Learnloop, Interact, Segue, Whiteboard. Additionally, Blackboard hereby irrevocably agrees not to assert the listed U.S. patents, as well as all counterparts of these patents issued in other countries against any school, library or museum for the use of such Open Source Software Course Management System to the extent that it was acquired from such open source initiative.
While it’s nice to be included, I’m a little perplexed. Elgg was never included in the Blackboard patent, and is an entirely different kind of system to the others listed here. So while it’s good that Elgg users never have to worry about Blackboard litigation, in reality, they never did.