Copyright Infringement - Do I have a case here?

Hello guys. I am the owner of Silent Rewards (SilentRewards(DOT)com) and in the developing stage of my website I hired a freelance coder to help me with some php and ajax. After the website was complete and our paths split, I discovered he used the code I paid him to make to go and make his own gpt site. When I confronted him, he said that he made the code, even though I paid him to do so, so he could use it. The code was first used on my site.
He also mass mailed all of the emails in my database saying his site was better and tried to steal my members...
His website is XtremePoints(DOT)net

I have the money to hire an attorney but I want someone who is experienced in cyber-related crime to give me feedback before forking out the cash.

Thanks for your time and help everyone, it is much appreciated.

 

I would post who it is..... On one hand, you don't really have a leg to stand on regarding the code. Having said that, stealing your mailing list could be deemed a federal offense in the US. It is, without question, completely unacceptable. If you want to drop me a PM I will advise you on how to deal with him

Nigel

 

Whether you would prevail in a lawsuit would depend on the terms of your deal with him. This can be shown either by a specific contract or by the emails you exchanged. Even if you could prove it was owned by you or to be used exclusively by you, there is the question of damages (how it injured you financially that you can prove) and whether you can even collect (where does he live and what money is available to go after if you did win). Many times, cases of this type just are not worth pursuing.

You can often times meet with a lawyer for little or no cost for an initial meeting. You can check with your state bar (or their website) to see if there is a lawyer referral program.

 

I would really like to tell you differently but I would just let it go and not waste your time, and effort because who knows how long it could take even if you did win, and if you did who's to say you win anything, hell the person might not even be old enough to be sued.

It's just really hard to prove he coded what, and to prove he stole what code out of it, now him mass mailing the members is pretty crappy if you ask me, It's going to be another thing hard to prove, how did he get the database was he managing your server/hosting account while working on the project? I would try to see if you can get proof, emails or anything showing what you paid for, then try to contact his hosting company with the proof and what he is doing and did do, and see if they can suspend his account, since he would be illegally using code that YOU own. It's just a hard one, you can either hit a home run or go home empty handed and I see that as your future.

Next time I suggest typing up a contract including having the person signing it, along with what they are coding, a description and even a agreement stating they can't use the code, or start a similar business/site for XX amount of years which would make this a slam dunk case, most companies do this so people can't compete with them for a certain amount of years, Pretty smart idea because if they know exactly how you run it, and the back end, what stops them from opening up there own shop next door and charging a much cheaper price? That contract!

 

Was there a contract you signed with him, or did you use a freelance web site (e.g., vworker.com)?

 

Let it go. Focus on making your website better than his and spend the money you would use for the lawsuit for it. Do not lose your focus.

 

That sucks but I would just learn from it and move on. It won't be worth it to use the money for a lawsuit.

 

hard question. Depends how much it is worth it to you. And what type of legal advice you could get. The average Joe will tell you "drop it move on!!". But I have a cousin who had his money held from paypal. Instead of "dropping it" He did get in touch with a lawyer. It took around 4 months. But guess what? Not only did he get his money back he also won around 28 Thousand USD. and claimed a hell of alot in damages. But it all depends on the situation and how good support and effort you can put into it. I also know someone who has free hosting on namecheap after an issue he had. But again every case is different.

 

You would be well advised to not pay too much attention to the well-intended guesses you have received thus far - no offense. He was an independent contractor. The code originated with him, not you. That you paid him is irrelevant. You failed to ensure that the work was either a work for hire under U.S. Copyright Law or assigned to you. You do not own the code or copyright to it. To the extent it is an original work, he holds the copyright. This is well established law. Accessing your database is an entirely different matter and is actionable. PM me if you need more info.

 

Very interesting topic. Make sure to check with your jurisdiction. The freelancer may be in a foreign country or a different state which could dramatically affect the case if you decide to pursue litigation.

Try to work on a settlement where he signs that he removes the site and rights to the code. I do not think you will be able to get punitive damages.

 

Get the attorney.

You won't get much here.

 

Yes you have a case for a lawsuit, and for a large project like this, if you can afford it without too much work, I recommend it. First, look at your method. When writing the code did you guys have a specific contract or somewhere where it specifically says he can't use that code (ask a lawyer for help if need be). If yes, great, use the next thing I'm going to tell you for double power, if not move on to the next thing. Now, the thing where you do have a leg on him is the mailing base. I am 99% sure that it is against the law, and a federal offense to steal someone's mailing base like that.

Worse case you can put them in trouble under the "CAN'T SPAM ACT" (I think its called), (follow my logic, it may be confusing), because when your mailing base signed up they signed up to receive information from you, which means that if he just sends them an email like that it's up to $16,000/day for spamming.

I would recommend, sitting down with an experienced lawyer for an hour, and seeing if you have a case. I think you do, but I'm 13 so don't always trust me .

 

You can send me your cash but before you do the real question is what do you hope to get back? The guy's website seems down and if this kid is 12, what assets does he have? Looks like whatever complaint you made (perhaps using the DMCA) took the punk down.

 

That would be a good idea!

 

at our company, if you do work for our company, then the work belongs to our company, regardless if you thought it
was a million dollar idea, and it could solve the worlds food issues, if you created it on company time, then it belongs
to the company, and if you are fired, then you will be on your way without what you created, and some advice that no one
cares about, cases and lawsuits are easy terms to throw about, but in the real world, litigation can cost many thousands of dollars, if not more.
It is so easy for you to step forward and tell your side of the story, but there is much, much more involved in real life lawsuits....
most people do not think about stuff like this as they cry about how someone took my article and published it on their website....
or in another thread someone cried about locking down their $9.95 domain, do I have a case...I hate to tell you this, but lawyers
love money, you throw a bucket load of money on the table, then you can start wheeling and dealing about your $9.95 domain you lost....

 

you need a legal contract...before doing this type of transaction