[Politech] Reply to patent claim over online testing [ip]

From: Declan McCullagh (declan@private)
Date: Tue Mar 30 2004 - 21:43:40 PST

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    -------- Original Message --------
    Subject: RE: [Politech] Company claims patent over online testing [ip]
    Date: Tue, 30 Mar 2004 12:47:22 -0000
    To: Declan McCullagh <declan@private>
    
    <Quote>## Company Claims to Own Online Testing
    A patent holder demands fees from colleges that use a common tool of
    distance education</Quote>
    
    
    Just another case of the Patent Office not being able to find it's rear end
    if it was sitting on it's hands. I am amazed that several items of Prior Art
    were not found. IANAL but, these items when taken in context would seem to
    invalidate the Patent (see below for the abstract of the patent and items
    that point to Prior Art). PLATO was the forunner of them all, I remember
    working on PLATO systems in College in the 70's. I created lessons and
    testing students using the TUTOR language via the PLATO systems running out
    of the University of Illinois at Champagne/Urbana.
    
    Perhaps the subjects of the Shake-down attempt should contact the University
    of Illinois and/or personnel from Control Data who were involved in the
    development of PLATO and the TUTOR language? I am pretty sure that the
    University of Illinois, NovaNET, PLATO Learning, Inc and VCAMPUS would find
    the Patent amusing to say the least.
    
    Prior Art can be found relating to the PLATO system and many other online
    testing systems that were based on its groundbreaking ideas.
    
    Regards,
    Eric Guy
    
    <Quote>
    6,513,042 Internet test-making method
    Assignee: Test.com (Cleveland, OH)
    Issue Date: 01/28/2003
    Filing Date: 02/11/1999
    Class: 707/102
    Legal: Renner, Otto, Boisselle & Sklar, LLP
    
    Abstract: A method of making a tests, assessments, surveys and lesson plans
    with images and sound files and posting them on-line for potential users.
    Questions are input by a test-maker and then the questions are compiled into
    a test by a host system and posted on-line for potential test-takers. The
    compiled test may be placed in a directory for access by the test-takers,
    the directory preferably having a plurality of categories corresponding to
    different types of tests and the compiled test is placed in the appropriate
    category. For ease in administration, a just-made test is placed into a
    temporary category so that it may be later reviewed (by the proprietor of
    the host system) and placed in the most appropriate category.</Quote>
    
    Just a quick Google finds a multiplicity of sites that can be used to locate
    Prior Art.
    
    http://www.platopeople.com/
    
    "PLATO was created at the University of of Illinois at Urbana-Champaign, and
    beginning in the mid-70s was marketed commercially by Control Data
    Corporation (now long gone, the last remnants being a part of the current
    Syntegra Corp.). PLATO as a branded product continues to this day, in an
    evolved form available from PLATO Learning, Inc. (now the owners of the
    registered trademark, "PLATO"). Other offshoots CDC PLATO include CYBIS®
    from UOL Publishing, Inc., which has evolved into VCampus, Inc.. And of
    course, there's NovaNET, the successor to PLATO at the University of
    Illinois, and now marketed by Pearson Ed Tech. (Ironically, the great rivals
    PLATO and Computer Curriculum Corporation are finally under one roof --
    Pearson owns both.)"
    
    http://www.physics.uiuc.edu/General_Info/History/PLATO.htm
    
    "Bitzer collaborated with Chalmers Sherwin (Physics) to design the PLATO
    hardware. A staff of creative eccentrics, ranging from university professors
    to high school students, few of whom had any computer background, wrote the
    software. Together they built a system that was at least a decade ahead of
    its time in many ways. More than 15,000 hours of instruction, based on B.F.
    Skinner's behavioral learning model, were developed for PLATO—representing
    perhaps the largest single investment in educational technology content ever
    made, even to this day."
    
    http://www.iicm.edu/iicm_papers/edmedia_2002.doc
    
    It is well known that the first serious attempt to use computers for
    educational purposes was the PLATO system developed in the early sixties at
    the University of Illinois and later commercialized by the then powerful
    Control Data Corporation. Of its many competitors, PLATO did fairly well for
    quite a long time. PLATO went through many versions, but the basic idea was
    to offer a central computer with courseware and use the material from a
    (then very rudimentary) terminal. However, the fact that all students
    accessed the same computer allowed for some communication between
    participants, for keeping track of scores and other statistical information,
    including feedback on the quality of the courseware.
    
    PLATO - CDC 60's thru the 80's
    
    http://www.coe.uh.edu/courses/cuin6373/idhistory/plato.html
    
    PLATO
    (Programmed Logic for Automatic Teaching Operations)
    
    Another partnership between the University of Illinois' Computer Education
    Research Laboratory (CERL) under the direction of Donald Bitzer, Control
    Data Corporation and the National Science Foundation resulted in the
    development of a CAI system called PLATO (Programmed Logic for Automatic
    Teaching Operations). PLATO was designed to use a mainframe-based system
    rather than a smaller minicomputer because of greater program and storage
    capability. A larger library of programs would be available for student use;
    more sophisticated programs could keep track of individual student's
    progress; and the number of simultaneous users could be dramatically
    increased (Pagliaro, 1983). Kinzer et al. (1986) stated that "the goal of
    PLATO was to deliver cost-effective, computer-assisted instruction (p. 26).
    
    The PLATO system used a special-purpose programming language called TUTOR to
    write educational software. PLATO remained a small communications system
    during the 1960's supporting only a single classroom of terminals. Around
    1972, PLATO was moved to a mainframe environment that allowed up to one
    thousand users to connect simultaneously (Woolley, 1994).
    
    During the early 1970's PLATO IV was introduced, a large time-shared
    instructional system. Hundreds of terminals were available where each
    terminal serviced one terminal display and keyboard. All data and programs
    were stored on a central computer. Six-hundred students could use the system
    simultaneously to access and use interactive educational and communications
    software. This system allowed instructors to design instructional material
    at the same time students are studying lessons (Alessi and Trollip, 1985).
    
    In 1973, David R. Woolley designed a communications software for the PLATO
    system called Notes. From this program other on-line communication programs
    such as Talkomatic, Term-Talk, Personal Notes, and Group notes were
    released.
    
    The original PLATO system continued to grow throughout the 1970s and early
    1980s from a classroom of about 20 students to over a thousand terminals
    throughout the country (Alessi and Trollip, 1985). Control Data Corporation
    starting setting up PLATO systems around 1975. They had over 100 PLATO a
    systems operating around by 1985 (Woolley, 1994).
    
    NovaNet - 1989-90's
    
    http://www.usg.edu/oiit/pubs/oiitnews/1990/oct90.phtml
    
    Computer Based Instruction - NovaNET
    
    NovaNET is an educational, testing, and communications network system
    delivered via satellite by the University of Illinois.  Elaborate curriculum
    design and management features allow instructors to tailor curriculum
    offerings by selecting lessons from an extensive library of courseware.
    Communications capabilities including electronic bulletin boards, notes
    files, and an interactive "talk" feature encourage sharing of information
    with faculty and staff located around Georgia and at other NovaNET and PLATO
    sites.
    
    
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