Having had to use Blackboard several times in the past, I have a hard time believing they have any IP that should be protected. As I recall, their functionality is similar to any number of portal-type applications (groups, discussions, document postings, different access levels, etc.) It looks to me as if their patents rest on the fact that they are applying obvious processes/technology to a specific vertical: education.
Of course I'm not an IP lawyer, this is just my layman's opinion.
Not only that, last time I used it, Blackboard was a sad, sad excuse for a web app. Poorly designed, poorly executed, bad usability overall. But Blackboard is the type of app IT managers love. It's what everyone else is using, so it must be Ok. No IT manager ever lost her job for buying something too conservative.
What really makes me disillusioned about the current state of IP law is that you mostly see the poorly performing incumbents go after the innovating start-ups with patent lawsuits. I know I'm biased about this, but I really can't remember the last time some fledgling start-up was trying to protect itself with its patents. With patent portfolios, size matters, as long as you've got plenty of tricks up your sleeve, you can always settle in a reasonable manner.
You're right. It's because the laws are designed to protect the big guys.
Pretend you are a patent lawyer. 98% of your business comes from big firms. Are you going to donate money and lobby to create laws that protect 98% of your revenue or are you going to push for laws that help small innovators?
When they first started pitching, we were a local school (Alexandria Va) and somewhat on the forefront of using tech in the classroom (for back then). I was co-chair of what you might call a "User group" (it was called the Teaching, Learning, and Technology Roundtable) back then, so I got to see their stuff and we came on board as an early adopter.
That said, I almost never used it. Yahoo provided all the functionality I needed that I didn't have on my web site or couldn't do with email (like chat for office hours, etc.).
It was just too cumbersome. I thought maybe they were better by now.
When I moved to the MA area, WebCT was in the area and I had an idea for them. Alas, they were bought by BB before I ever got anything organized. I figured at that time that BB was circling the drain. When the lawsuits started, I knew I was right.
Of course I'm not an IP lawyer, this is just my layman's opinion.