[anguslong]

At least one startup's doing just fine vs. Blackboard. Instructure Canvas just closed series B, is CEO'd by former Mozy founder and is LMS of choice for a growing number of schools (and soon to be @ Auburn if twitter's to be believed).

They avoid litigation (apparently) by open-sourcing their stack and charging for hosting/integration. Rails-based goodness.

[not affiliated - but was just identifying LMS options for a client]

[nl]

They avoid litigation (apparently) by open-sourcing their stack and charging for hosting/integration.

That's a strategy to give buyers confidence in a new vendor, not an anti-litigation strategy. Open Source doesn't protect you against IP infringement claims.