I second Michael Feldstein's observation that Desires2learn's intention to fight Blackbeard on the patent issue rathter than roll over and die is a brave position taht helps us all. As consumers, we would not benefit by desire2learn rolling over and agreeing to pay royalty fees. It would be an admision of acceptance of this crazy patent.
Desire2Learn is dedinitely going to come out of this bruised and battered, worse off financially, and maybe even (unfairly) beaten. It is an enormous public service that they are serving, and deserve all the support and the strength that we in the ed tech arena can muster on their behalf.
I used to work with CAMH (Centre for Addiction and Mental health) in Toronto when they were deciding on an LMS - it came down to Angel or Desire2Learn (from nearby waterloo Ont.) I remember the execs and trainers from Desire2learn were great people. I wish them and their company al the best in fighting this untoward, unseemly, uncalled for action by Blackboard.