Hello,
I'm interested in starting a website like Elance.com. However, when I
went on their website I saw the following patent "U.S. Patent
7,069,242"
Will I be able to start up a similar website as them??
If I can't how are similiar websites like guru.com, getacoder.com,
php-freelancers.php still in business?? Why hasn't a lawsuit been
brought out on them by elance.com??
Thank you,
olimits7 |
Request for Question Clarification by
scriptor-ga
on
27 Sep 2006 13:13 PDT
That question is not easy to answer. Would the website you'd like to
start any of the specific claims described in the Elance patent? Here
they are:
The invention claimed is:
1. A computer implemented method, comprising: accepting a posting on a
website of a project that a buyer wants completed; providing a
database containing all registered sellers; receiving a bid on the
project from any seller, where all registered sellers are qualified to
bid on postings in all categories; allowing the buyer to accept the
received bid from the seller; and allowing the buyer and the seller to
work on the project in a collaborative workspace accessible by only
the buyer and the seller, where the seller develops and delivers the
project in the collaborative workspace and the buyer can track the
project in the collaborative workspace before it is complete.
2. The computer implemented method of claim 1, wherein the posting
includes a project name.
3. The computer implemented method of claim 1, wherein the posting
includes a project description.
4. The computer implemented method of claim 1, wherein the posting
includes a category.
5. The computer implemented method of claim 1, wherein the posting
includes a price estimate.
6. The computer implemented method of claim 1, wherein the bid is
received in a closed auction.
7. The computer implemented method of claim 1, wherein the bid is
received in an open auction.
8. The computer implemented method of claim 1, wherein the bid is
received in a Dutch auction.
9. The computer implemented method of claim 1, wherein the
collaborative workspace includes: one or more communication tools; a
file structure; one or more workbenches; and one or more project
management tools.
10. The computer implemented method of claim 9, wherein the file
structure includes at least one private folder.
11. The computer implemented method of claim 9, wherein the file
structure includes at least one shared folder.
12. The computer implemented method of claim 1, wherein both the buyer
and the seller rate each other.
13. A computer implemented method, comprising: providing a database
containing all registered sellers; accepting on a website, the posting
of a service offering by any seller, where all registered sellers are
qualified to post in all categories; receiving requirements for the
service offering from a buyer; generating an optimized list of those
service offerings that match more of the buyer's requirements than the
rest of the service offerings posted, but not necessarily all of the
buyer's requirements; returning the optimized list to the buyer; and
accepting a purchase request for the service offering from the buyer.
14. The computer implemented method of claim 13, wherein at least one
of the buyer's requirements is inflexible.
15. The computer implemented method of claim 13, wherein the optimized
list includes service offerings that meet all of the buyer's
requirements.
16. The computer implemented method of claim 13, wherein the optimized
list includes service offerings that meet a subset of the buyer's
requirements, the subset being smaller than the buyer's requirements.
17. The computer-implemented method of claim 13, wherein the buyer
does not take part in generating the optimized list.
18. The computer-implemented method of claim 13, wherein the seller
does not take part in generating the optimized list.
19. The computer implemented method of claim 13, further comprising
the seller developing and delivering the service in a collaborative
workspace and the buyer being capable of tracking the service in the
collaborative workspace before it is complete.
20. A computer implemented method, comprising: providing a database
containing all registered sellers; accepting on a website, the posting
of a service offering for a project by any seller, where all
registered sellers are qualified to post service offerings in all
categories; receiving requirements for the service offering from a
buyer; accepting a purchase request for the service offering from the
buyer; and allowing the buyer and the seller to work on the project in
a collaboration workspace accessible by only the buyer and the seller,
where the seller develops and delivers the project in the
collaborative workspace and the buyer an track the project in the
collaborative workspace before it is complete.
21. The computer implemented method of claim 20, wherein the
collaborative workspace includes: one or more communication tools; a
file structure; one or more workbenches; and one or more project
management tools.
22. A computer-implemented method for the using of an on-line services
marketplace by a buyer comprising: posting a project on a website;
providing a database containing all registered sellers; receiving via
the website a bid on the project from any seller, where all registered
sellers are qualified to bid on postings in all categories; accepting
the bid via the website; and working on the project with the seller in
a collaborative workspace, where the seller develops and delivers the
project in the collaborative workspace and the buyer can track the
project in the collaborative workspace before it is complete.
23. The computer implemented method of claim 22, wherein the
collaborative workspace includes: one or more communication tools; a
file structure; one or more workbenches; and one or more project
management tools.
24. A computer-implemented method for the using of an on-line services
marketplace by any seller comprising: providing a database containing
all registered sellers; posting a service offering on a website by any
seller, where all registered sellers are qualified to post service
offerings in all categories; receiving a purchase request for the
service offering from a buyer; accepting the purchase request via the
website; and working on the project with the buyer in a collaborative
workspace, where the seller develops and delivers the project in the
collaborative workspace and the buyer can track the project in the
collaborative workspace before it is complete.
25. The computer implemented method of claim 24, wherein the
collaborative workspace includes: one or more communication tools; a
file structure; one or more workbenches; and one or more project
management tools.
26. A computer-implemented method for the using of an on-line services
marketplace by any seller comprising: providing a database containing
all registered sellers; placing a bid by any seller on a project
posted by a buyer on a website, where all registered sellers are
qualified to bid on postings in all categories; receiving via the
website an acceptance of the bid by the buyer; and working on the
project with the buyer in a collaborative workspace, where the seller
develops and delivers the project in the collaborative workspace and
the buyer can track the project in the collaborative workspace before
it is complete.
27. The computer implemented method of claim 26, wherein the
collaborative workspace includes: one or more communication tools; a
file structure; one or more workbenches; and one or more project
management tools.
28. A computer-implemented method for the using of an on-line services
marketplace by a buyer comprising: providing a database containing all
registered sellers; making a purchase request for a service offering
for a project, posted by any seller on a website, where all registered
sellers are qualified to post in all categories; receiving via the
website an acceptance of the purchase request by the seller; and
working on the project with the seller in a collaborative workspace,
where the seller develops and delivers the project in the
collaborative workspace and the buyer can track the project in the
collaborative workspace before it is complete.
29. The computer implemented method of claim 28, wherein the
collaborative workspace includes: one or more communication tools; a
file structure; one or more workbenches; and one or more project
management tools.
|
Clarification of Question by
olimits7-ga
on
27 Sep 2006 13:31 PDT
Hello,
Yes the website I would like to startup has many of the specific
claims described in the Elance patent.
However, the other competing websites (Guru.com, Getacoder.com,
php-freelancers.com) all do the same thing as Elance.com, so why are
these companies not getting in trouble?
And by looking on the competing websites none of them say they have a
partnership with Elance.com.
Thank you,
olimits7
|
Request for Question Clarification by
keystroke-ga
on
27 Sep 2006 14:05 PDT
Hello olimits7,
the companies are not getting into trouble for a few reasons:
1. ELance would have to sue them. They might do this in the future,
but that would be a long process and they might not want to do it yet.
In fact, they might want to wait until those companies get more
successful and they can ask more from them in a lawsuit.
2. The patent was just approved a few months ago. They wouldn't have
had time to start lawsuits yet.
Basically, the US should not be giving patents out on things that are
not original inventions like this. Netflix is also suing Blockbuster
for stealing their patented idea of sending DVDs through the mail. It
really is ridiculous. Unfortunately, it's something that the US Patent
Office is doing incessantly these days and it doesn't seem that it
will stop.
--keystroke-ga
|
Clarification of Question by
olimits7-ga
on
27 Sep 2006 20:46 PDT
Hello,
I know I need to talk to a lawyer about this, but based on your
experience do you think that if I started a similiar website that I
could get sued for it?
I remember reading about the Netflix-Blockbuster patents, and how
Blockbuster stated that Netflix is trying to create a monopoly on that
type of business method.
That's why I think that it might be alright to setup a similiar
company like elance.com
Thank you,
olimits7
|
Request for Question Clarification by
keystroke-ga
on
28 Sep 2006 09:46 PDT
Hello olimits7,
I happened to find this old Google Answers question dealing with this issue:
http://answers.google.com/answers/threadview?id=703456
I guess the commenters didn't realize that Elance.com had applied for
a patent in 2000. Anyway, as they say this is called a "business
method patent." Even though it seems ridiculous (did Blockbuster
patent the idea of "renting movies" in the 1970s when they started?
No) the USPO is giving these patents out like crazy for some reason.
Whether that will hold up in court, I don't know. Patents can be
challenged, and re-examined by a third party, and if I were guru.com
that's what I would try to do. The Netflix and Blockbuster lawsuit
will probably go on for years, so we can't really learn anything from
that.
http://en.wikipedia.org/wiki/Business_method_patent
"State Street Bank v. Signature Financial Group, Inc., (47 USPQ 2d
1596 (CAFC 1998)), the court rejected the theory that a "method of
doing business" is an excluded category of invention and reiterated
that a business process patent may be granted on the same basis as any
other invention. The court further confirmed this principle with AT&T
Corporation v. Excel Communications, Inc., (50 USPQ 2d 1447 (Fed. Cir.
1999)). These two cases confirmed the non-existence of the rumored
business process exception in the US patent common law."
Here is a case in which the owner of a patented business method
prevailed against Ebay:
http://en.wikipedia.org/wiki/EBay_v._MercExchange
I would say that if you start one of these sites and make a lot of
money (i.e., millions), Elance would come after you. If you start a
site similar to theirs and make a decent but not huge living off of
it, I doubt they'd spend the money to come after you.
Blockbuster may have a point as far as the monopoly accusation goes,
but they would have to prevail in court in order to set that
precedent.
My prediction is that guru.com will get sued by Elance-- there is no
reason for Elance to spend all that money getting a patent if not to
defend it. In fact, the ONLY reason to get a business method patent is
to sue people who are in the same business as you. If this madness
were going on years ago, McDonald's would have sued Wendy's and Burger
King out of business.
It could be a risk starting a site like this. But again, if you don't
make loads of money, Elance wouldn't come after you.
--keystroke-ga
|
