Legal Aspects of eLearning Prof.Dr.Srisakdi Charmonman Chief Executive Officer College of Internet Distance Education Assumption University of Thailand

Legal Aspects Legal Aspects of eLearningof eLearning

Prof.Dr.Srisakdi CharmonmanChief Executive Officer

College of Internet Distance EducationAssumption University of Thailand

[email protected]

Keynote Address at the International Conference on eLearning Ramkhamhaeng University, Bangkok, Thailand. December 14-16, 2006. 1

1.1. IntroductionIntroduction

2.2. National Laws to Legalize eLearning National Laws to Legalize eLearning

3.3. State-Level Law to Require eLearning State-Level Law to Require eLearning

4.4. Copyright Law Copyright Law

5.5. Digital Millennium Copyright Law Digital Millennium Copyright Law

6.6. Technology, Education and Copyright Technology, Education and Copyright Harmonization Law Harmonization Law

Legal Aspects of eLearningLegal Aspects of eLearning

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7. Family Education Rights and Privacy Law7. Family Education Rights and Privacy Law

8. Web Accessibility Initiative8. Web Accessibility Initiative

9. eCommerce Law 9. eCommerce Law

10.10. Learning Management System Patent DisputeLearning Management System Patent Dispute

11.11. Concluding Remarks Concluding Remarks

Legal Aspects of eLearningLegal Aspects of eLearning

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• As of the year 2006, As of the year 2006, in addition to virtual universities, in addition to virtual universities, at least 63% of classroom-based universities at least 63% of classroom-based universities and colleges in the United States and colleges in the United States are also offering eLearning. are also offering eLearning.

• In Thailand, Assumption University In Thailand, Assumption University became the first university in the country became the first university in the country to offer complete eLearning degree program to offer complete eLearning degree program in January 2006. in January 2006.

1. Introduction 1. Introduction

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Searching for “eLearning law”Searching for “eLearning law”

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• One of the best sources of information One of the best sources of information is is “www.google.com”“www.google.com” where there are over 8 billion entries. where there are over 8 billion entries.

• For example, searching for “eLearning law”, For example, searching for “eLearning law”, over over 1,070,0001,070,000 entries were found. entries were found.

Introduction (Cont.)Introduction (Cont.)

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• Several other Thai universities, Several other Thai universities, both government and private, both government and private, are offering eLearning degree programs. are offering eLearning degree programs.

• In the US, there is no field In the US, there is no field of study in which eLearning is not used. of study in which eLearning is not used.

• There are all kinds of laws concerning learning.There are all kinds of laws concerning learning.

• The legal aspects of classroom-based learning The legal aspects of classroom-based learning are well-known are well-known but for eLearning the matter but for eLearning the matter must be carefully considered. must be carefully considered.

Introduction Introduction (Cont.)(Cont.)

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• This paper will present: This paper will present: - Law to Legalize eLearning - Law to Legalize eLearning at the National Level. at the National Level. - Law to Require eLearning at the State Level. - Law to Require eLearning at the State Level. - Copyright Law. - Copyright Law. - Digital Millennium Copyright Law. - Digital Millennium Copyright Law. - Technology, Education and Copyright - Technology, Education and Copyright Harmonization Law. Harmonization Law. - Family Education Rights and Privacy Law.- Family Education Rights and Privacy Law. - Web Accessibility Initiative. - Web Accessibility Initiative. - eCommerce Law, and Learning Management - eCommerce Law, and Learning Management System Patent Dispute. System Patent Dispute.


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• The author has also written over 36 papers The author has also written over 36 papers on eLearning and related matters such as: on eLearning and related matters such as: - Hardware - Hardware - Software - Software - Telecommunications - Telecommunications So, information from Google So, information from Google and the author’s works will be used and the author’s works will be used in this paper. in this paper.


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• Comparing to classroom-based education, Comparing to classroom-based education, eLearning is relatively new. eLearning is relatively new.

• All kinds of laws have been passed All kinds of laws have been passed to cover classroom-based learning to cover classroom-based learning but not many to cover eLearning. but not many to cover eLearning.

• Some of the earlier laws did not recognize Some of the earlier laws did not recognize eLearning or even made eLearning illegal. eLearning or even made eLearning illegal.

• By the year 2006, all countries have provided By the year 2006, all countries have provided or are in the process of providing eLearning. or are in the process of providing eLearning.


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• Therefore, new laws may have to be passed Therefore, new laws may have to be passed or existing laws modified to cover eLearning. or existing laws modified to cover eLearning.

• This paper will discuss examples This paper will discuss examples of eLearning-related laws, such as: of eLearning-related laws, such as: - New laws to make eLearning legal. - New laws to make eLearning legal. - New laws to require students - New laws to require students to take eLearning courses. to take eLearning courses. - Modifications of existing laws - Modifications of existing laws to facilitate eLearning. to facilitate eLearning. - Applications of existing laws to eLearning. - Applications of existing laws to eLearning.


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2.1 Thai Law to Legalize eLearning 2.1 Thai Law to Legalize eLearning 2.2 The US Internet Equity 2.2 The US Internet Equity and Education Act of 2001. and Education Act of 2001.

2. National Laws 2. National Laws to Legalize e-Learning to Legalize e-Learning

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• On April 25, 2002, Prof. Charmonman On April 25, 2002, Prof. Charmonman proposed and got approval from the Board proposed and got approval from the Board of Trustees of Assumption University (AU) of Trustees of Assumption University (AU) to establish the first eLearning College to establish the first eLearning College in Thailand: in Thailand: - The College of Internet Distance Education. - The College of Internet Distance Education. - Announced that the College would eventually - Announced that the College would eventually

serve 100,000 students per year. serve 100,000 students per year. - Making a net profit - Making a net profit of about 4 billion Baht per year. of about 4 billion Baht per year.

2.1 Thai Law to Legalize eLearning2.1 Thai Law to Legalize eLearning

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• In the year 2002, he also met formerIn the year 2002, he also met former Prime Minister Thaksin Shinawatra Prime Minister Thaksin Shinawatra and proposed to him and proposed to him that Thailand legalize eLearning. that Thailand legalize eLearning. - The former Prime Minister agreed - The former Prime Minister agreed and advised him to start the process. and advised him to start the process. - So, he sent a letter to the Minister - So, he sent a letter to the Minister of University Affairs asking permission of University Affairs asking permission for Assumption University for Assumption University to offer its degree programs to offer its degree programs in the eLearning mode. in the eLearning mode.

Thai Law to Legalize eLearningThai Law to Legalize eLearning(Cont.)(Cont.)

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- Prof. Charmonman also authored- Prof. Charmonman also authored the first draft of the first eLearning decree the first draft of the first eLearning decree in Thailand. in Thailand. - The government established a committee - The government established a committee to consider the law and he was invited to consider the law and he was invited to be a member. to be a member.


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AU team met the Minister of University Affairs AU team met the Minister of University Affairs and tried to convince him to support eLearning.and tried to convince him to support eLearning.

• Rev.Bro.Dr. Prathip Martin Komolmas, Rev.Bro.Dr. Prathip Martin Komolmas, the President Emeritus, the President Emeritus,

• Rev.Bro.Dr. Bancha Saenghirun, Rev.Bro.Dr. Bancha Saenghirun, the President. the President.

• Prof. Charmonman, the College CEOProf. Charmonman, the College CEO


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• In his capacity as the Founder and Chairman In his capacity as the Founder and Chairman of ABAC Poll, Prof. Charmonman of ABAC Poll, Prof. Charmonman ordered an eLearning survey ordered an eLearning survey in 2003 which founded in 2003 which founded 77% of the sample were interested77% of the sample were interested in continuing their education in continuing their education through eLearning. through eLearning.


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• On November 26, 2003, On November 26, 2003, the Ministry of University Affairs organized the Ministry of University Affairs organized an open hearing on the eLearning law. an open hearing on the eLearning law.


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• In his capacity as the President In his capacity as the President of the Computer Association of Thailand of the Computer Association of Thailand under the Royal Patronage of HM the King, under the Royal Patronage of HM the King,

- Prof. Charmonman presented the draft law - Prof. Charmonman presented the draft law in the morning and chaired the open hearing in the morning and chaired the open hearing

in the afternoon. in the afternoon.

- The results were used in modifying the law. - The results were used in modifying the law.

Thai Law (Cont.)Thai Law (Cont.)

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• In August, 2004, In August, 2004, Prof. Charmonman was elected Chairman Prof. Charmonman was elected Chairman of e-ASEAN Business Council. of e-ASEAN Business Council. - At that time, the Thai Government - At that time, the Thai Government has not passed the eLearning decree. has not passed the eLearning decree. - So, he tried to get help from ASEAN. - So, he tried to get help from ASEAN. - He proposed to the ASEAN Ministers - He proposed to the ASEAN Ministers that eLearning be promoted that eLearning be promoted by all ASEAN member countries by all ASEAN member countries and the Ministers agreed. and the Ministers agreed.


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• Prof. Charmonman Prof. Charmonman sent many letters to the authorities. sent many letters to the authorities. - Dated 23 September 2002, he sent a letter - Dated 23 September 2002, he sent a letter to the Minister requesting permission to the Minister requesting permission for AU to offer eLearning. for AU to offer eLearning. - Dated 15 September 2003, he sent a letter - Dated 15 September 2003, he sent a letter to the Prime Minister to the Prime Minister to speed up the eLearning decree. to speed up the eLearning decree.


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- Dated 14 March 2005, he sent another letter - Dated 14 March 2005, he sent another letter to the Prime Minister that Cambodia to the Prime Minister that Cambodia was ahead of Thailand on eLearning was ahead of Thailand on eLearning and Thailand should pass the eLearning decree and Thailand should pass the eLearning decree as soon as possible to be ahead of Cambodia. as soon as possible to be ahead of Cambodia.


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After 3 years, 5 ministers, After 3 years, 5 ministers, and many revisions of the eLearning law and many revisions of the eLearning law

• In October 2005. In October 2005. the decree to legalize eLearning in Thailand the decree to legalize eLearning in Thailand was published in the Royal Gazette. was published in the Royal Gazette.


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• In January 2006, In January 2006, AU became the first university in Thailand AU became the first university in Thailand to offer a complete eLearning degree program, to offer a complete eLearning degree program,

Master of Science in Management, Master of Science in Management, with Prof. Charmonman with Prof. Charmonman as the Program Director. as the Program Director.

• In 2006, AU offered three MS degree programs In 2006, AU offered three MS degree programs and Ph.D. in eLearning Methodology and Ph.D. in eLearning Methodology which is the first such Ph.D. in the world. which is the first such Ph.D. in the world.


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• Searching for “phd elearning methodology”Searching for “phd elearning methodology” resulted in AU as the first 7 entries resulted in AU as the first 7 entries


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““phd elearning methodology”phd elearning methodology”

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• In June 2006, In June 2006, the International Biographical Centre the International Biographical Centre in Cambridge, UK, in Cambridge, UK, named Prof. Srisakdi Charmonman named Prof. Srisakdi Charmonman the Father of Thai E-Learning. the Father of Thai E-Learning.


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The Father of Thai E-LearningThe Father of Thai E-Learning

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The Father of Thai E-LearningThe Father of Thai E-Learning

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• Prior to the year 2001, Prior to the year 2001, eLearning was not completely accepted eLearning was not completely accepted by US laws. For example: by US laws. For example: - To be eligible for federal financial aid, - To be eligible for federal financial aid, students had to satisfy the “50% Rule” students had to satisfy the “50% Rule” and the“12-Hour Rule”. and the“12-Hour Rule”. * The “50% Rule” required students * The “50% Rule” required students to take at least 50% to take at least 50% of learning in the classrooms. of learning in the classrooms.

2.2 The US Internet Equity 2.2 The US Internet Equity and Education Act of 2001and Education Act of 2001

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* The “12 Hour Rule” required higher-education * The “12 Hour Rule” required higher-education programs that did not operate programs that did not operate in a standard semester, trimester, in a standard semester, trimester, or quarter system or quarter system to offer a minimum to offer a minimum of 12 hours of course work a week. of 12 hours of course work a week.

The US Internet Equity The US Internet Equity and Education Act of 2001and Education Act of 2001 (Cont.) (Cont.)

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• The “12 Hour Rule” were killed The “12 Hour Rule” were killed by the Internet Equity by the Internet Equity and Education Act of 2001. and Education Act of 2001.

The US Internet Equity The US Internet Equity and Education Act of 2001 (Cont.)and Education Act of 2001 (Cont.)

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• Providers of eLearning services Providers of eLearning services had been calling had been calling for abolishing the regulations for abolishing the regulations for several years for several years and finally considered the Internet Equity and finally considered the Internet Equity and Education Act of 2001 the US law and Education Act of 2001 the US law as making eLearning as making eLearning as legal as the classroom-based learning. as legal as the classroom-based learning.

The US Internet Equity The US Internet Equity and Education Act of 2001 (Cont.)and Education Act of 2001 (Cont.)

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• The State of Michigan of the US The State of Michigan of the US is the first to pass a law requiring is the first to pass a law requiring every high school graduate every high school graduate to take at least one eLearning course. to take at least one eLearning course.

3. State-Level Law 3. State-Level Law to Require eLearning to Require eLearning

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• On December 13, 2005, On December 13, 2005, the Michigan State Board of Education the Michigan State Board of Education adopted a plan requiring that adopted a plan requiring that all Michigan students cannot graduate all Michigan students cannot graduate with a Grade 12 certificate with a Grade 12 certificate without completing 18 credits in without completing 18 credits in - English. - English. - Mathematics. - Mathematics. - Science. - Science.

State-Level Law State-Level Law to Require eLearning (Cont.) to Require eLearning (Cont.)

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- Social Studies. - Social Studies. - Visual and Performing Arts.- Visual and Performing Arts. - Health and Physical Education. - Health and Physical Education. - World Languages. - World Languages.


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• Effective April 2006, all Michigan students Effective April 2006, all Michigan students must take at least one eLearning course must take at least one eLearning course to complete all the requirements for Grade12. to complete all the requirements for Grade12.

• Michigan Virtual University (MVU) Michigan Virtual University (MVU) joined with Blackboard Inc. joined with Blackboard Inc. to deliver eLearning to deliver eLearning to 450,000 Michigan high school students to 450,000 Michigan high school students during the next 3 years during the next 3 years thru Michigan Virtual High School (MVHS). thru Michigan Virtual High School (MVHS).


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• With Michigan passing the law With Michigan passing the law requiring every high school student requiring every high school student to take at least one eLearning course, to take at least one eLearning course, other States will probably consider similar laws. other States will probably consider similar laws.

• If the US Federal Government passes a law If the US Federal Government passes a law to require eLearning, other countries to require eLearning, other countries may also have serious consideration to compete. may also have serious consideration to compete.


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• The first Copyright Law of Thailand The first Copyright Law of Thailand was drafted by a committee chaired was drafted by a committee chaired by Phraya Nittisatra Baisalya by Phraya Nittisatra Baisalya (Mr. Von Charmonman who is the father (Mr. Von Charmonman who is the father of the author). of the author).

• In the year 2006, the copyright law applicable In the year 2006, the copyright law applicable in Thailand is a modification in Thailand is a modification of the earlier version and the working group of the earlier version and the working group responsible for the computer-related responsible for the computer-related modification was chaired by the author modification was chaired by the author of this paper. of this paper.

4. Copyright Law 4. Copyright Law

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• Similar to copyright laws in most countries, Similar to copyright laws in most countries, there are exceptions such as: there are exceptions such as: - Fair use.- Fair use. - Making a single copy for personal education - Making a single copy for personal education and research. and research.

Copyright Law (Cont.) Copyright Law (Cont.)

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• In a face-to-face class, In a face-to-face class, a professor may display a copyrighted textbook a professor may display a copyrighted textbook on the screen and teach on the screen and teach or make explanation from there. or make explanation from there.

• In an eLearning class, In an eLearning class, a professor cannot legally digitize a professor cannot legally digitize a copyrighted book to be shown a copyrighted book to be shown to students thru the Internet. to students thru the Internet.

Copyright Law (Cont.)Copyright Law (Cont.)

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• Textbooks, magazines, Textbooks, magazines, and all kinds of printed materials and all kinds of printed materials have been used in the face-to-face classes have been used in the face-to-face classes by asserting fair use. by asserting fair use.

• In eLearning case, the assertion cannot In eLearning case, the assertion cannot be claimed under the copyright law be claimed under the copyright law and permission or licensing may have and permission or licensing may have to be obtained and paid for. to be obtained and paid for.

Copyright Law (Cont.)Copyright Law (Cont.)

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• On October 28, 1998, On October 28, 1998, the DMCA (Digital Millennium Copyright Act) the DMCA (Digital Millennium Copyright Act) was signed into law was signed into law by former US President Clinton. by former US President Clinton.

• DMCADMCA implementedimplemented WIPOWIPO (World Intellectual Property Organization) (World Intellectual Property Organization) treaties signed by the US in 1996.treaties signed by the US in 1996.

5. Digital Millennium Copyright Law 5. Digital Millennium Copyright Law

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• DMCADMCA specifies the term for instructors specifies the term for instructors and students to use email, website, and students to use email, website, and other Information Technology and other Information Technology at their universities. at their universities.

Digital Millennium Copyright Law Digital Millennium Copyright Law (Cont.) (Cont.)

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Example: Example: - If the course website allows students - If the course website allows students to download to download * any web content. * any web content. * either texts or multimedia, * either texts or multimedia, the instructor could be liable the instructor could be liable for copyright infringement for copyright infringement unless he takes the precautions unless he takes the precautions prescribed in the DMCA. prescribed in the DMCA.

Digital Millennium Copyright Law Digital Millennium Copyright Law (Cont.)(Cont.)

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• Thailand and other countries Thailand and other countries should follow the US in introducing a law similar should follow the US in introducing a law similar

to to “The TEACH Act (Technology, Education “The TEACH Act (Technology, Education and Copyright Harmonization Act 2002)” and Copyright Harmonization Act 2002)” which was signed into law which was signed into law by the US President on November 2, 2002. by the US President on November 2, 2002.

6. Technology, Education 6. Technology, Education and Copyright Harmonization Law and Copyright Harmonization Law

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• The The TEACH ActTEACH Act clarifies what usages clarifies what usages of copyrighted materials of copyrighted materials are permitted with regard to eLearning. are permitted with regard to eLearning.

• It also outlines what requirements It also outlines what requirements the eLearning providers, the eLearning providers, - Faculty members - Faculty members - Staff members - Staff members - Students - Students must abide by, in order to be in compliance must abide by, in order to be in compliance with the law. with the law.

TEACH Act TEACH Act (Cont.) (Cont.)

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• In 1998, the US Congress directed In 1998, the US Congress directed the Copyright Office to submit a report the Copyright Office to submit a report what should be done to facilitate the use what should be done to facilitate the use of digital technology in eLearning. of digital technology in eLearning.

• In March 2001, the Copyright Office In March 2001, the Copyright Office recommended significant changes recommended significant changes and a bill to that effect was introduced. and a bill to that effect was introduced.

TEACH Act (Cont.)TEACH Act (Cont.)

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• For example, the TEACH Act authorizes For example, the TEACH Act authorizes the educators to digitize copyrighted works the educators to digitize copyrighted works for use in eLearning but would have for use in eLearning but would have to pare down some of the materials. to pare down some of the materials.

• In particular, a musical work may be shown In particular, a musical work may be shown in full in the classroom mode of learning, in full in the classroom mode of learning, but in eLearning mode, but in eLearning mode, it must be shown only as clips. it must be shown only as clips.


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• The TEACH Act allows performance The TEACH Act allows performance and displays in the classroom mode of learning, and displays in the classroom mode of learning, but not digital delivery of the same materials but not digital delivery of the same materials for the eLearning mode. for the eLearning mode.

• Supplemental reading materials Supplemental reading materials also cannot be made digitally available also cannot be made digitally available for eLearning students. for eLearning students.


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• The TEACH Act allows the followings:The TEACH Act allows the followings: (1) Transmitting performances (1) Transmitting performances of all of a non-dramatic literacy of all of a non-dramatic literacy or musical work, or musical work, e.g. a poetry or short story reading e.g. a poetry or short story reading may be shown in full may be shown in full but a drama can not.but a drama can not. (2) Transmitting (2) Transmitting reasonable reasonable and limited portions and limited portions of any other performance, of any other performance, e.g. films and videos of all types. e.g. films and videos of all types.


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(3) Transmitting displays of any work, (3) Transmitting displays of any work, i.e. still images of all kinds, i.e. still images of all kinds, in amounts comparable in amounts comparable to typical face-to-face displays. to typical face-to-face displays.

• The TEACH Law applies The TEACH Law applies only to accredited nonprofit only to accredited nonprofit educational institutions educational institutions and not to for-profit virtual universities and not to for-profit virtual universities or corporate eLearning. or corporate eLearning.


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• There are many privacy-related laws in the US There are many privacy-related laws in the US and the one concerning education and the one concerning education is the Family Education Rights is the Family Education Rights and Privacy Act (FERPA). and Privacy Act (FERPA).

• Its effective date was November 19, 1974. Its effective date was November 19, 1974.

• This Federal law protects the privacy This Federal law protects the privacy of student education records. of student education records.

• Parents do have certain rights Parents do have certain rights if the student has not reached the age of 18. if the student has not reached the age of 18.

7. Family Education Rights 7. Family Education Rights and Privacy Law and Privacy Law

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• Generally, eLearning providers Generally, eLearning providers must have must have written permission from the parentswritten permission from the parents or studentsor students to release any information to release any information from a student’s education records. from a student’s education records.

Family Education Rights Family Education Rights and Privacy Law (Cont.) and Privacy Law (Cont.)

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• FERPA allows eLearning providers FERPA allows eLearning providers to disclose those records to disclose those records without consent without consent under some conditions, such as: under some conditions, such as: - To other schools to which a student - To other schools to which a student is transferring. is transferring. - To specified officials - To specified officials for audit or evaluation perposes. for audit or evaluation perposes. - To appropriate parties in connection - To appropriate parties in connection with financial aid to a student. with financial aid to a student. - To accrediting organizations, - To accrediting organizations, and etc.and etc.

Family Education Rights Family Education Rights and Privacy Law (Cont.) and Privacy Law (Cont.)

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• The World Wide Web Consortium (W3C) The World Wide Web Consortium (W3C) has a has a Web Accessibility Initiative (WAI) Web Accessibility Initiative (WAI) which published which published the the Web Content Accessibility Web Content Accessibility Guidelines (WCAG). Guidelines (WCAG).

8. Web Accessibility Initiative 8. Web Accessibility Initiative

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• The guidelines imply that eLearning provider’s The guidelines imply that eLearning provider’s web must: web must: - P - Provide equivalent alternatives to auditory rovide equivalent alternatives to auditory and visual content. and visual content. - Not rely on color alone. - Not rely on color alone. - Use markup and style sheets - Use markup and style sheets and do so properly. and do so properly. - Clarify natural language usage. - Clarify natural language usage. - Create tables that transform gracefully. - Create tables that transform gracefully.

Web Accessibility Initiative (Cont.) Web Accessibility Initiative (Cont.)

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- - Ensure that pages featuring Ensure that pages featuring new technologies transform gracefully. new technologies transform gracefully. - Ensure user control - Ensure user control of time-sensitive content changes. of time-sensitive content changes. - Ensure direct accessibility - Ensure direct accessibility of embedded user interfaces. of embedded user interfaces. - Design for device-independence. - Design for device-independence.


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- - Use W3C technologies and guidelines. Use W3C technologies and guidelines. - Provide context and orientation information.- Provide context and orientation information. - Provide clear navigation mechanisms. - Provide clear navigation mechanisms. - Ensure that documents are clear and simple.- Ensure that documents are clear and simple.


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• In the paper entitled In the paper entitled “The eBusiness of eLearning”, “The eBusiness of eLearning”, it was said that providing eLearning services it was said that providing eLearning services may be considered eBusiness may be considered eBusiness just like any other business enterprises. just like any other business enterprises.

• The concept of eBusiness The concept of eBusiness includes the back-office part includes the back-office part and and the front-office part the front-office part which is eCommerce. which is eCommerce.

9. eCommerce Law 9. eCommerce Law

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• There are all kinds of rules and regulations There are all kinds of rules and regulations to be shown on the web pages to be shown on the web pages concerning eCommerce, such as: concerning eCommerce, such as:

(1) Information about the eLearning Provider, (1) Information about the eLearning Provider, such as: such as: - Name of the institution - Name of the institution - Address- Address - email address - email address - Telephone and fax numbers- Telephone and fax numbers

eCommerce Law (Cont.) eCommerce Law (Cont.)

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(2) Information about the prices must be clear (2) Information about the prices must be clear and unambiguous, e.g. cost per quarter and unambiguous, e.g. cost per quarter or semester credit, and all other costs. or semester credit, and all other costs.

(3) Contract Completion, (3) Contract Completion, i.e. i.e. it must be clear when contract to apply it must be clear when contract to apply for a course or a program is completed. for a course or a program is completed. The provider must give The provider must give acknowledgement promptly acknowledgement promptly and the student must be able to retain a copy and the student must be able to retain a copy of the contract. of the contract.


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(4) Prior Information such as: (4) Prior Information such as: - Description of the course or program - Description of the course or program - Payment - Payment - Delivery of services and quality assurance - Delivery of services and quality assurance


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(5)(5) Cancellation. Cancellation. There must be mandatory cancellation period There must be mandatory cancellation period during which a student may withdraw during which a student may withdraw from the program and gets full refund. from the program and gets full refund. It should be noted that the eLearning It should be noted that the eLearning provider may announce that cancellation provider may announce that cancellation cannot be done after the service has begun. cannot be done after the service has begun.


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• According to chronicle.com,According to chronicle.com, - In January 2006, the US Patent office awarded - In January 2006, the US Patent office awarded a patent to Blackboard a patent to Blackboard and announced it in August 2006. and announced it in August 2006.

• The patent established Blackboard’s claim The patent established Blackboard’s claim to some of the basic features of the software to some of the basic features of the software of eLearning. of eLearning.

10. Learning Management System 10. Learning Management System Patent Dispute Patent Dispute

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• Michael Feldstein, Assistant Director Michael Feldstein, Assistant Director of the State University of New York (SUNY) of the State University of New York (SUNY) online learning network online learning network has been criticizing Blackboard has been criticizing Blackboard for using the patent to block academic progress. for using the patent to block academic progress.

• Right after the patent was announced, Right after the patent was announced, Blackboard sued Desire2Learn from Ontario, Blackboard sued Desire2Learn from Ontario, Canada, Canada, for infringement and asked for infringement and asked for royalties from Desire2Learn. for royalties from Desire2Learn.

Learning Management System Learning Management System Patent Dispute (Cont.)Patent Dispute (Cont.)

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• Desire2Learn said it would defend itself Desire2Learn said it would defend itself as best as it could as best as it could but no date has been set by the court. but no date has been set by the court.

• The software for eLearning in the patent is The software for eLearning in the patent is “Learning Management System” or “LMS”.“Learning Management System” or “LMS”.

• Blackboard has the largest market share Blackboard has the largest market share of commercial LMS software, of commercial LMS software, followed by eCollege and Desire2Learn. followed by eCollege and Desire2Learn.


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• Others use open source software like Others use open source software like “Moodle” and “the Sakai Project”. “Moodle” and “the Sakai Project”.

• Feldstein and other academicians have tracked Feldstein and other academicians have tracked the history of virtual classrooms back to 1945 the history of virtual classrooms back to 1945 which was before Balckboard started its project which was before Balckboard started its project at Cornell University. at Cornell University.


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• Comparing to classroom-based learning, Comparing to classroom-based learning, eLearning is relatively new. eLearning is relatively new.

• All kinds of laws have been passed with regards All kinds of laws have been passed with regards to learning but not many for eLearning. to learning but not many for eLearning.

• Some of the earlier laws did not Some of the earlier laws did not recognize eLearning recognize eLearning or even made eLearning illegal. or even made eLearning illegal.

• Therefore, new laws have to be passed Therefore, new laws have to be passed and existing law amended to facilitate eLearning. and existing law amended to facilitate eLearning.

11. Concluding Remarks 11. Concluding Remarks

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• For example,For example, an earlier US regulation required students an earlier US regulation required students to take at least 50% of learning in the classroom. to take at least 50% of learning in the classroom. That regulation is obviously against eLearning That regulation is obviously against eLearning where no classroom at all is required. where no classroom at all is required.

• The US has passed the Internet Equity The US has passed the Internet Equity and Education Act of 2001 and Education Act of 2001 to abolish the 50% rule and, thus, to abolish the 50% rule and, thus, facilitate eLearning. facilitate eLearning.

Concluding Remarks (Cont.) Concluding Remarks (Cont.)

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• Time Magazine stated that by the year 2020, Time Magazine stated that by the year 2020, eLearning will be in the main stream eLearning will be in the main stream and the US has made preparation and the US has made preparation for such an event. for such an event.

• Other countries should study the US initiatives Other countries should study the US initiatives and follow suit to be competitive. and follow suit to be competitive.

Concluding Remarks (Cont.) Concluding Remarks (Cont.)

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Thank you

Documents

Legal Aspects of eLearning Prof.Dr.Srisakdi Charmonman Chief Executive Officer College of Internet Distance Education Assumption University of Thailand