She Stole My code...

[Dineen]

Hello!

I have a question that maybe someone can help with. An (ex)friend and I started a website together and I developed the ENTIRE website from design to code. She handled most of the textual content. Since the site was finished, she went ahead behind my back and incorporated the company in her name, trademarked the 'slogan' in her name and took all the money out of the business account that she put in HER name. I had no idea all of this was going on. I have since realized that there is definately something mentally wrong with her - hearing voices, screwing people over royally, saying that God talks to her, etc. (yikes).

Since then I told her to take a hike. She's been sending me emails telling me that she wants to pay me for the work I did. There was NO contract, we went into this together and I was under the impression that we were going to run this business TOGETHER (until i found out what she did).

I have since started a new website with the same concept, using the quasi-same ecommerce code that I developed, but different design, for my new website. I've begun to trademark the NAME of the business, which closeley resembles her's - which she did NOT trademark. I hear through the grapevine that she wants to sue, but don't I own the code? Also, isn't an "idea" not copywritable? (sp) She would have to get a patent, correct? (I checked and she has not).

Also, if I accept payment from her, does that mean I give up my rights to all of the code (ecommerce) and/or that I developed for the site? ANY ADVICE would be apreciated!! I want to make sure I'm covered any way I can because i DO NOT trust her!

THANKS!!!
Dineen

 

[onpnt]

first: if you take payment it's hers so don't

second: is a idea patented. Hmm.. I bet these days you could take that to court. that's a joke

The main thing here is you designed another site and it is not the same as that one. If the first site is copyrighted and you have the same coding in yours then it can hold some water in court and she can do damage if in fact the site is copyrighted and was at the time you implemented your site.

solution: change your coding to be unique. copyright it. by simply stating it on the site and in the code. If the concept of the business is the same then that is fine. IF you could get sued for that all the web designers in the world would be sueing each other for he idea of running a business to create sites. ---------------------------------------
{ str = "sleep is good for you. sleep gives you the energy you need to function";
ptr = /sleep/gi;Nstr = str.replace(ptr,"coffee"alert(Nstr); }

http://www.onpntwebdesigns.com

 

[Dineen]

OK, so she can't sue me for starting a business with the same idea. Good, because that's what she was threatening. I don't trust her at all after all this. Now as for the code, I have changed it and my site is design/wise much different.

Now, do I have any right to make her stop using all the code that I developed before she screwed me over?? I mean, as long as I don't take payment from her, which I am not going to.

 

[blueark]

Like most legal matters, I guess whatever action you take will depend on the laws of your particular territory. Personally, I don't think she has a leg to stand on. To start with, how many original businesses are there? Hardly any, and if she hasn't got a patent, then how can she stop you going into competition with her? If there was a contract, then maybe there might be a clause saying that you must not compete with her company, although usually such clauses have a time limit on them.

Why don't you copyright your code (print it out, post it by registered mail to yourself) and THEN accept payment? Issue an invoice that states clearly what she is paying for, being careful not to sign away absolute rights to your code. Maybe a non-exclusive licence fee of some description might do the trick.

btw, I'm not a lawyer, so don't quote me in court!

 

[onpnt]

I see no reason for her to have the requirment to give up the code and or pull the site due to it seeing as you said you were in no written agreement.

one note: I am by far not a lawyer and everything I stated is just commenting on my opinion about the subject.
That may be something you watn to persue, is contacting a lawyer and finding out the real truth on what can be done and what you can do about it. ---------------------------------------
{ str = "sleep is good for you. sleep gives you the energy you need to function";
ptr = /sleep/gi;Nstr = str.replace(ptr,"coffee"alert(Nstr); }

http://www.onpntwebdesigns.com

 

[blueark]

I don't see any reason to give up your code either. I will say this: I started two businesses about a year ago, one of which was in direct competition with my previous employer. Although he did threaten legal action, we knew he didn't have a case, and so we ignored him. Like most people in business, his bark was worse than his bite, and the best course of action is to get on with your work.

If your ex-business partner is as loopy as you say, there's no point wasting time and energy fighting it out. Go look for business and eventually you'll be better off because of it. Customers aren't that stupid. No really! They'll eventually see what she's like and stop using her, so don't worry about it.

My point is this: legal action in this case seems a waste of time and money for either of you. If she's offering money, and you make it clear that you're not selling exclusive rights to your code, then take it! Every bit helps, especially at the beginning. That's a simple business decision, so don't make it personal. You did work, she's using your work, therefore she must pay! You never said that you had a patent either, and at this stage you probably won't get one because the idea is out there being used. Let your work speak for itself, and forget about her because, when her domain name expires, when she wants to update her site, in fact, when she wants to do anything related to it, she won't know where to begin. Forget her, she's no competition and she won't sue. Don't waste your energy on false threats.

 

[Wullie]

Take the money, don't sign anything and then launch your site as you planned to do. Wullie

http://www.mailtosanta.co.uk

- Send your letter to santa!!

http://www.freshlookdesign.co.uk

http://www.thomsonassociates.co.uk

The pessimist complains about the wind. The optimist expects it to change. The leader adjusts the sails. - John Maxwell

 

[BDNFLNC]

You entered into the thing together. You built the site together. Even if YOU did all the work.

No contract, no written agreements.

You don't have much recourse in stopping her from using the code.

Best solution...move on.

You have already taken steps to pursue your own business interests, don't bother with her. Tell her to go away, drop it all, and be done with it.

Some things you have to chalk up to experience.

Code is code.

 

[cian]

Get professional legal advice!

If she wants to pay you then draw up a invoice/contract/licence or whatever to show exactly what she is paying you for before you accept anything.

Then do as BDNFLNC said, move on! And in future always have contracts prepared.



::

http://www.endamcg.com

 

[Kjonnnn]

Umm this doesnt sound worth. Drop it. Be glad to be rid of her. Anything you do will only lengthen the time you're hitched to her.

And if you're thinking of suing her, how unique is your code from others on the web (that might think of suing you.)

(When I use to work for a trademark attorney, alot alot of validity was place on first USE, to determine ownership.) Just something to think on.

 

[quickblueink]

First off, I think i know this person...at least it sounds very much like something that happened to me. If they haven't gotten a trademark yet, there is one VERY Easy thing you can do: Print the code out onto paper, put them in an envelope, and mail them to yourself. When you receive it, put it away and don't open it. If it ever comes down to whose code it is, you take that envelope to the judge and in the absence of a copywrite, the postmark date will suffice. It's an old writer's trick, and I've seen it work.

As for patenting an idea, the concept falls into the very new world of "intellectual property". In this case, kjonnn is right when first use comes into play...but if you're talking about the business idea, and not the code behind it, then forget it...you're in the clear. The first thing you learn when starting up a business is that "your idea is not original". I don't care if you are selling spam products to french poodles, somebody else is already doing it.

The only issue here is "who owns the code." And if there is no contract and you haven't accepted money yet, i would say mail it to yourself, sit on it, and just stop talking to them. Use your newer code and if they ever try to sue, they will find out quickly how difficult it will be for them to get anything from it. And based on the kind of crazy you say they are, it wouldn't surprise me if they never followed through on the threat.

 

[Newposter]

As James Mason said in North By Northwest, "This is a problem best solved from a great height over water." Newposter
"Good judgment comes from experience. Experience comes from bad judgment."

 

[Dineen]

I'd like to thank everyone for their advice. I do not plan on suing her, she has made this threat to me, and I wanted to see if she did in fact have any right to do so. The only thing I thought I had over her was the code that I wrote. She's trying to pay me for it now but I'm not accepting payment (she doesn't have the money anyway). I've started the new (and improved) business, I'm chalking this one up to experience and Lessons Learned!

Thanks!!
Dineen

 

[rtshort]

Talk to an lawyer. It usually don't cost for the inital consultation. Take it from there. Rob
Just my $.02.

 

[Chomauk]

I'm not a lawyer either. But you could reply to her emails and try to get her to admit to screwing you and that everything was done by you and that way you'll have some proof against her if she tries to take you to court.


Just another two cents worth. good luck

 

[vesselescape]

Note on copyright...The minute you put it down on paper, disc etc, it is copyrighted by default. (c) notice is only a means to void a claim such as "I thought it was public domain." Mailing a sealed copy to yourself, is a good strategy to prove a date, but the code you have already written has already been published so mailing the code now won't accomplish much at this time. The copyright scenario above is an "unregistered copyright" If you sue, can prove authorship, and win, all you can receive is "actual" damages. In other words you can be compensated in the amount that the infringer actually made off of your copyrighted material. If you register your copyright (requires a few bucks, and some forms) you are entiltled to "punative damages" in addition to actual damages. Even if they have made no money off your code you can receive compensation.

Bottom line... Unless you have written something extraordinary and exceedingly useful, the cost of registering a copyright and legal pursuit of infringers probably exceeds any chance of recovery. The very nature of html (type) documents makes markup plagerism almost impossible to police.

A further note on accepting payment... Acceptance of payment for work performed does not imply transfer of copyright. It is however arguable depending on verbal or written agreements. We ourselves do not sell any code .... html, java, php, c+ etc. We do however grant our customer a permanent license to use the copyrighted materials with some limitations as to copyright notices (internal) remaining intact, rights to transfer the license, etc. This has proven most effective as violation of a license agreement is easier to prove than infringement.

Std Disclaimer.....We are not, nor have ever been an attorney. (Thank God !) We have however learned some hard and useful lessons in 8 years of developing and producing commercial websites.