is this wrong?
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- jpowell
i just took down my past employer's portfolio.
http://www.pimentocreative.com/m…pimento creative is just one guy... one of those "project managers" that says he has a mass of creative talent . the guy has dodged emails and calls for a month and owes me money from october. i know that he has been paid for the work i did for him then. i can't take down the work i did for the client because i know they have paid HIM for it. i have just never seen any money for the project. i did do his portfolio this summer and recieved payment for it... although, i now took it ransom.
is this wrong? what would you do?
- Nirvous0
If you were paid for the portfolio, and then you removed it....your liable for dmages and could be in legal trouble.
(example: You paid for a car and then bought another but they came for your paid car as ransom for the second. Illegal.)
- in8_v30
you're going to get yourself into more trouble than its worth doing that... you may get in more trouble doing that... have a lawyer draw up papers stating what he owes and a time frame for him to pay it. then let the lawyer guide the rest of the process
- unknown0
leave both up
then sue your boss
- ave0
My first thought: eek
I have to say, good show. I've delt with enough wankers that can't do the real business when it comes down to it, I mean the business of respect. The chances are this guy isn't going to waste time trying to sue you, he just wants his site up. When he pays, his site goes up. Until then, too bad.
On the other hand, if you want to swim with the sharks, you better make sure you know how to swim. I feel for you man. I've been f***ed up the ying so many times, but I play it nice as possible. Should have given hime a time line and fair warning. Don't pay me in three days and your portfolio is gone.
If you want respect you have to give it. if you feel like your being jipped, remember hat not everybody is as honest and hard working as you might be.
- shankd0g0
leave it up..
go to the lawyer and get them to do a collection letter for you.they will want some proof you actually were 'hired' to do the work.
the letter shouldnt cost much and the lawyer fee can be tacked onto the amount owed.
the lawyer might take it on contingent too meaning they dont get money unless you do.
also.. while talking to the lawyer.. mention the work for hire thing, if there was no binding written agreement. you still have copyright to the material you created if certain criteria are met.
if he made money from the product you created, then you'd be entitled to some of that profit because you are part owner of the prodct being displayed.
it's copyrgith law.. it's tricky.. and if he's just one guy.. thratening with it might work because he wont have the means to fight it.
freelancing sucks in this regard. i hope you get paid.
what i have done..
hide a load movie command in your AS that loads a wierd blinking flashing box over the top of the whole site (assuming this is flash)
on non payment.. just place the loaded movie on your own host ... then when the site seems to be malfunctioning.. with no explaination.. the client will call and say.. whats going on with this (because he SHOULDNT have the source files unless you were paid)
at that time.. get your money and 'fix' the problem.
- unknown0
oh that is funny...
one of two things will happen. you will get you money right away. or you won't ever get it.
but c'mon guys a lawyer? what you all rich or something? who the fuck has money to hire a lawyer? if what you say is true that he doesn't return calls or emails then fuck em.
- Nirvous0
He is going to need a lawyer after this other guy takes his ass to court. I feel for you, but that was not a well thought out move.
- chilaquil0
I don't know where you are geographically, but you may want to give this a try if available in your area:
http://www.aquentfinancial.com/
I've never used them, but it may be worth trying.
Good f****ing luck. You'll need it.
- quik0
don't be a fool, cover your tool! ;)
- jpowell0
well, i got a real nasty email outta the deal. i put back the crappy portfolio. it certainly got his attention. the guy is sending a check today.
i honestly don't think he intended to pay me. it wasn't a real professional move to take down the portfolio, but these type of guys get away with this crap all the time.
thanks for all the advice.
-j
- shankd0g0
just wondering here.
how is this different then say.. software with a time trial or lock on it.
in theory.. you've given the client a product. if they dont pay.. why would they have the right to use it in it's fully functional form unless they pay for it.
so similar to software.. unless you purchase the right to use the uncrippled software.. anything else is misuse or theft.
maybe trying something like developing a clients entire website on your own server. once they see it fully functional and they give ti final approval, you make it live when the final check clears.
in a perfect world i guess that'd work.
glad your course of action worked.
- enobrev0
well it's a good point. The true difference is that you agree to a time trial with most shareware and such. In this case, nobody agreed that an actaion would be taken.
At the same time, I wholeheartedly believe in repossessing a product when it's not paid for. If the auto industry can do it, so can I, damnit.
Kinda why I prefer to develop on my own server(s). No pay, no play.
- unknown0
you fucked up.
he gave you the classic ruse! the check is in the mail?!? you should have waited till the check cleared into your account befroe you put the site back! Now he's prolly going to block your access to the site! you have no leverage at this point. good luck.
I'm hoping for the best but I'm betting you still won't get paid.
Let us know what happens.
and that lawyer shit works both ways... you think this pimento guy wants to spend money hiring a lawyer? he is best served by paying you.... sheesh, you guys a bunch of rich kids with lawyers for daddys or something?
- unknown0
you fucked up.
he gave you the classic ruse! the check is in the mail?!? you should have waited till the check cleared into your account befroe you put the site back! Now he's prolly going to block your access to the site! you have no leverage at this point. good luck.
I'm hoping for the best but I'm betting you still won't get paid.
Let us know what happens.
and that lawyer shit works both ways... you think this pimento guy wants to spend money hiring a lawyer? he is best served by paying you.... sheesh, you guys a bunch of rich kids with lawyers for daddys or something?
- enobrev0
im far from a rich kid, as my landlord would gladly tell you...
but if the amount owed is a decent number, consulting with a lawyer is a great idea...
Works best if you know the lawyer so you can ask him a head of time if it's worth going for.
- shankd0g0
again, like i said.
there are some lawyers that will send out a collection for you on contingent. no money up front.the check from thsi guy would go to them, they'd take thier fee and you'd get the rest.
in that case you could tack the lawyer's fee onto the amount you're owed.
and now what about this?
http://home.earthlink.net/~ivanl…work for hire agreements.
i think a lot of us fall into this category and probably technically still own a shitload of the work we've produced.where's that lawyers number? haha.
- jpowell0
lilbabyarm
i still have some levrerage. i have ftp access to three of his big clients. he doesn't have a clue to how things work on the web. he is just a "project manager", anything done on the web is like magic to him. i am pretty positive "the check is in the mail" this guy was scared. he knows i'm not messing around anymore.
-j
- jpowell0
thats a great idea to develop your own server until payment clears. it's sad we have to cover ourselves in contract and with our files.
-j
- unknown0
I'm hoping for the best man. let us know for sure. seriously, my studio neighbor is having these exact issues... he doesn't fuck around though. he just pulls the sites down until the magic check appears. It works great if you are courteous and diplomatic about it.
- loopyd0
Just a note, lawyers aren't just for the rich. I found myself royally screwed once, hired a lawyer, got what I was owed and it covered his bill.
I am by no means rich and I used to feel the same way, about lawyers being out of my reach.
But in reality, if you get screwed, they can help you right the situation. No rich daddies needed.