As noted in the past week by Graham Attwell and others, Riina Vuorikari of Flosse Posse has organised a petition against software patents:

I am deeply concerned by the current European Commission plans on industrial property. The development of the Community Patent and European Patent Litigation Agreement, in combination with the London protocol, could lead to the EU-wide introduction of software patents. I believe that this could jeopardise developments in the field of technology enhanced learning by inhibiting innovation among European e-learning developers and practitioners.

Here are two examples of pending European Patent Office patents on e-Learning solutions that would clearly impact on current and future e-learning development:

Testing learned material in schools

Use a computer for testing pupils. The main claim covers the basic procedure, the others just specify useful things to be done. The “technical contributions” consists in the teaching that a computer can be used to do these things more efficiently. There are ongoing activities in schools and universities all around Europe that potentially could violate such patent and may have to be cancelled. As an example most open source LMS have this kind of functionality.

Language learning by comparing one’s pronunciation to that of a teacher

This covers all digital language learning systems that allow a user to compare his pronunciation of a selected piece of text to the right pronunciation. This patent is a good example of how concepts that is considered “common knowledge” suddenly becomes patented and restricted for use in the digital world. As a byproduct, the claim also seems to include the learning function of voice recognition systems like ViaVoice.

I wish I had time to do more than say "right on!". It's too easy to assume that someone else will stop the lunacy of software patents, but the fact that the EU is considering them so seriously is alarming evidence that they could become a major obstacle to the improvement of educational technology. Please go to Flosse Possee and sign the petition