Smarterer/Pluralsight Wants Me to Cease and Desist Taughtful.com
For those who are not familiar with Smarterer, it was formerly a free website where people could create and take skills tests online. They had an extensive API which allowed integration into services such as eLance, etc.
Fast-forward to today, Smarterer.com got bought out by Pluralsight and absorbed into their monolithic learning solution and is no longer publicly accessible. They essentially took this wonderful crowd-sourced learning tool and closed it off, for profit.
I have been designing a similar platform for well over a year now and back on March 15th I launched my beta.
I have much more plans beyond just crowd-sourced skills testing with machine-learning in the background, but that is where I have started. I have plans to parter with recruiters and organizations so people can automatically apply for jobs by taking skills tests, I plan on exposing a developer API, building in social-networking aspects into the platform so people can teach/learn from each-other, the ability for people to create and charge for courses, etc. I want to disrupt the public education system. If you want to learn more about the future plans, check out https://taughtful.com/about
I welcome any comments on this matter, I personally would love to hear any and all feedback, be it positive or negative. Thanks!
24 comments
[ 3.1 ms ] story [ 103 ms ] thread- Moreover, given your previous relationship with Smarterer.
I suppose it depends on what the laws in the US are over software.
I mean all word processors look the same but I don't see C&D letter flying around.
However, when you get lawyers involved you start to loose money quickly.
Maybe, but it looks like they figured out you had an account with them and they have a clause in their terms about intellectual property.
If your screens look similar they will try to hold you to that agreement. It doesn't look good.
At this stage you can back out with no costs, I suspect if you move forward they will try to get back their legal fees.
"They suggest that your previous association with them gave them rights in certain intellectual property (presumably, copyright and/or patent) which you are using in your website. If your code is wholly original, they may claim copying if the design or approach is derived from a prior work they (or their predecessor in interest) created. However, that does not extend to the concept or ideas."
How much traction do you have with your site?
Their legal claim appears to be very weak (based entirely on their terms of service) but they can almost certainly outspend and outlast you.
My advice is to not say anything in public forums like this until you have talked to one competent in this area. Sure it sucks. That's business.
Good luck.
What was your previous relationship with Smarterer ? Can you clarify ?
(Also, the "weapons & combat" category is a turn-off --- I wouldn't register on a site that seems to cater to gun enthusiasts.)
Perhaps you could capitalize on this situation.
For example, they say "the potentially infringing or misappropriated content available on [your] Website". Keyword there - 'potentially'.
Earlier on in the letter, they say your content 'may' infringe on theirs.
It seems their motivation for contacting you is because you expressed some displeasure in the recent acquisition and that this has motivated you to steal their IP and become a competitor. Whilst its fair for this to motivate you to become a competitor, it isn't fair to assume you would steal their IP in order to do so. "...the recent acquisition by Pluralsight of Smarterer and your displeasure at the subsequent change in services and products offered by Smarterer, the extent and context of your activities establish that any infringement or misappropriation is willful..."
They have only asked to remove infringing content - not to shut down. "rights. Pluralsight is hopeful that the similarities between the Website and Pluralsight’s Intellectual Property were inadvertent and that you were unaware of the obligations placed on you by agreeing to Smarterer’s Terms and Conditions. Under the circumstances, Pluralsight would like to resolve this matter amicably."
Therefore, I would politely invite them to clarify which of your content they believe infringes on their IP, and make sure you inform them that by inviting them to clarify what content is infringing on their IP, that you aren't admitting that it is indeed infringing.