site theft
- Started
- Last post
- 51 Responses
- willhaven0
as the story goes....
So today I talk with the client's "new" agency. He basically says I want to work with you so I dont get in trouble. but the client says basically to tell you to F-Off !! BUt I really want to help you. I tell him striaght up its theft and both creative and intellectual copyright violation and then sent him a Cease and Desist letter both electronic and letter. I then gave him a heads up that he should - save his butt before legal action- takes place. I gave him till noon tuesday. Client says they dont owe me a thing!!!Fuck all you real estate fuckers!! your as bad as used condom er. I mean Car salesman.
- BonRickles0
if you explain all this to a quality lawyer, you have a case and should stick it to this fucker. say he owes you 8 grand and doesnt want to pay. well pay a lawyer 2 and collect 6. stick it to this idiot. for real
- Beech0
agreed ... a good lawyer should be able to scare them into paying you and it's a professional clean resolution.
I think the most shameful thing about this story is the other agency that is happy to take on a job on those circumstances! Thats disgracefull. I can understand a shady real estate agency trying to screw you (understand but not like) but a creative agency should know better!
good luck with it mate
- withSound0
Yeah you'd be a fool if you don't push legal action on these idiots. Write a fake letter as if its coming from a lawyer to them. Make it sound official that they must pay by a certain date or face definite legal actions. If they don't pay, then get a real lawyer and push for 10G's back for wasted time caused by those people. That way you can give the lawyer 3 grand and you keep your 7
- uberdesigner0
step 1)
go to yayhooray for legal advice
- willhaven0
Thanks guys/Gals, it feels good to vent it all, and better to have the backing by others.
Seriously if I got caught in that situation under those terms and the agency that got screwed called me explaingin it all- I'd do what they asked especially if they got stiffed the money in the first place. I'd be worried they would screw me as well.
Again Thanks!
Russ
- j_red0
if you have thorough email documentation you can take them to small claims court for up to $5000(at least that's the limit in NYC, maybe elsewhere too...)
your emails will be as binding as a contract.
I know because i just had the same thing done to me, i took them to court and won.
- slinky0
Judge Judy... Or Judge Joe Brown...
So we can all see the case from our homes.
otherwise I know a few hitmen.
- todelete__20
Also what's shitty is the new company that took your work... knowingly... behind your back and are asking you for the source files. I'm sure you told them over the phone or email who you designed everything and the client is not paying. What kind of fucking design firm shits on another designer like that?
That shit happened to me once a few years ago. The design studio called me and said that my client had contacted them and wanted them to steal my work, and they wouldn't do it and thought I should know. That's how it's supposed to be done.
Dude, post the site and let everyone here email your client letting them know, that we all know. Seek legal action in the form of a lawyer and get what is yours.
Who knows. All it may take is a few designers in the field to inform them that we're spreading the word never to do business with them.
And wehn all else fails. Molotov cocktail.
- willhaven0
my heart says post their emails as well as the stealing agencies, but my head says thats harrasment and deformation of character.
But I do know that they both (owners ) are selling their homes. I'm fairly sure I can also put a lien on their homes to settle the debt before they can sell it.
Man that be awesome! even if they take it off the market it still stays.
I figure between the fees owed, the lawyers fees and any intrest I decide to have them I pay I should do well.
thanks again!!!
I promise to kepp you updated
- willhaven0
ok, so the "agency" emails me and says gee feel bad for you but can't do anything.
oh yeah? I just talked to the hosting company -networksolutions- and talked to a rep and enlightned them. He passed it on to a manager (hopefully that means something) and then told them I will be filling legal action against them for harboring illegal content and theft of copyrighted material. I have formally asked them to SUSPEND the site services until a legal notice of continuation is recieved from my lawyer.
Maybe it will do something maybe it won't but man if they shut the site down- i'd love to see their faces!
- BonRickles0
its the clients domain name right? I dont know about that move man. you might have intellectual propert of the content, but not the brand. make no mistake, registerring a domain name is the poor mans brand.. thats how shady our industry is. you just may have given him a reason to sue you.
- BonRickles0
make another phone call and get that shit back online pronto. contact a lawyer. i think this method is looooosing your chance to get payed. dont be dumb. you need the site to be online to form a complaint anyway
- akrok0
goodluck willhaven. I believe you "the artist" has the right of the work.
- liquid0
email my lawyer..... mike (at) mcjrlaw.com he is a good friend of mine...
tell him ken sent you and tell him what the deal is.... I am sure he can work something out with you...
- stem0
Havn't had time to read the responses, but contacting a lawyer seems like the best option.
- Spix0
wow, that sucks...sounds like a old clinet of mine...
- Spix0
yeah, get a lawyer man...
- jamble0
call a lawyer? where are the days you just fucking suckerpunched an asshole for being an asshole? i'd definitely kill everything on that server and put up an image of some gays snowballin' each other or something. how the hell would they know it's you anyways? fuck 'em and fuck 'em hard. revenge is sweet you know.
anon
(Mar 4 06, 08:06)I'm pretty sure if he's stuggling to get $8200 for design work done, the "new site design" he'd launch wouldn't get the money any quicker.
This sort of thing seems to happen all to often and designers seem willing to muddle through by consulting message boards for advice when really a strong legal approach seems the obvious answer.
- kon230
heres a little tip ......
when showing a flash site to clients you could load in a movie into like level 99 that has text across the page at like 10% alpha so it acts as a watermark and have it saying "TEST SITE".
have the base movie loading the flash in from your website (using the full root) so that if they steal the site and omit that flash movie thats loading in, then it'll still load from YOUR site.
You could do this but not have anything on that layer.
Then if the client steals it without paying then you create a solid flash movie that says "THIS CLIENT DOESNT PAY THEIR F*CKING BILLS"
so that'll appear over their site or flash pockets and they wont be able to get rid of it until they pay you.:)