When Blackboard unveiled its U.S. patent for 44 features of learning management systems and then filed a patent infringement suit against Design2Learn, the response of the educational technology community was negative and swift. Stephen Downes discusses why many educators oppose Blackboard's proprietary claims to technologies long considered in the public domain. He also highlights the dangers presented by Blackboard's patent claims to its commercial competitors as well as to open source learning management systems. Downes argues that Blackboard's actions not only hinder current research and development efforts, but also strengthen distrust of commercial involvement in educational technology. Moreover, Downes contends that Blackboard has violated the implicit ethical tenets of communal ownership and exchange which have long characterized the educational software community.