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From the startup who allegedly stole software and raised $2M with it

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Re: From the startup who allegedly stole software and raised $2M with it

#71

I think you're going to have a hard time here trying to convince a developer community that a "refund" is something a client is entitled to in a work for hire situation. You ask a developer to do work for you, they do the requested work, and you pay them. If you don't like the work, you end the relationship. But you still have to pay them for their time. I don't envy the next few weeks for you guys, but you definitel…

Red flag: massive assumption about a contract you've not seen.

Re: From the startup who allegedly stole software and raised $2M with it

#72
post #52
post #41

Earlier quoted context omitted.

Consider it for what benefit to pigeon.ly? True there is altruistic value to the HN community, but from a business perspective his OP is likely to cause damage to his brand.

Not really. If the original poster hadn't outed them by name it would be fine, but as it is a very popular HN post directly says that Pigeon.ly are thieves. I think they're reasonable to want to counter that.

Countering that you only stole his wallet, not his car might not have been the best response though.

Re: From the startup who allegedly stole software and raised $2M with it

#73

I think you're going to have a hard time here trying to convince a developer community that a "refund" is something a client is entitled to in a work for hire situation. You ask a developer to do work for you, they do the requested work, and you pay them. If you don't like the work, you end the relationship. But you still have to pay them for their time. I don't envy the next few weeks for you guys, but you definitel…

Your metaphor does not work. In this case it's not about simply "not liking the result", it is about not producing functional work. If a lawyer does not perform their role competently you absolutely can get a "refund" [1].

There is way too little information in either of these posts for the community to make as definitive statements or recommend COAs as you have.

[1] http://www.calbar.ca.gov/Public/Pamphlets/ProblemwithaLawyer...

Re: From the startup who allegedly stole software and raised $2M with it

#74

I think you're going to have a hard time here trying to convince a developer community that a "refund" is something a client is entitled to in a work for hire situation. You ask a developer to do work for you, they do the requested work, and you pay them. If you don't like the work, you end the relationship. But you still have to pay them for their time. I don't envy the next few weeks for you guys, but you definitel…

> I think you're going to have a hard time here trying to convince a developer community that a "refund" is something a client is entitled to in a work for hire situation. Depends entirely on the contract. Many contracts include terms giving the client recourse in the case where unsatisfactory work product is delivered, especially if it's a pay-for-deliverable rather than pay-for-hours-worked contract. (But some don'…

I think the bigger issue is that Pigeon.ly is going to eventually want to hire developers. The kinds of developers who they are going to want to hire are the kinds of developers who will throughly Google any companies they consider working for. Based on the content and tone of this post, a very large percentage of qualified developers would turn and run the other way.

Re: From the startup who allegedly stole software and raised $2M with it

#75

I think you're going to have a hard time here trying to convince a developer community that a "refund" is something a client is entitled to in a work for hire situation. You ask a developer to do work for you, they do the requested work, and you pay them. If you don't like the work, you end the relationship. But you still have to pay them for their time. I don't envy the next few weeks for you guys, but you definitel…

> I think you're going to have a hard time here trying to convince a developer community that a "refund" is something a client is entitled to in a work for hire situation. Not true at all. I'm a freelance developer that would be ashamed of handing over poor quality code and I believe that if there are developers out there who do little in ensuring that their clients receive the best quality software that they're capa…

"Poor quality code" is a matter of opinion. You can't decide not to pay someone because they've delivered what you consider poor quality code. The best defense from that is to track development (with milestone deliverables), and evaluate code quality (or pay someone to evaluate code quality) as you go along, so you can end the relationship early before you've wasted too much money.

Waiting until they're done and deciding that it's crap and refusing to pay in full is not the way to deal with bad developers.

Re: From the startup who allegedly stole software and raised $2M with it

#76
This is a shit storm.

You had a D level agency write the code, then you consulted (apparently) B level players in technology field about this code.

Obviously they will find issues with it. Hell I will find issues with anything if I really wanted to during a code audit. Without details it's all bull.

Now, you are claiming you rewrote the code internally. Your LinkedIn shows a CTO that does not seem to have A level background and an software engineer who used to be a network technician prior to joining your company.

Not A level team either. So I don't believe your claim that you rewrote it 'properly' after getting some sort of feedback from 'Founding' CakePHP member.

There is no way you are entitled to do refund at this point. In my observation.

Good luck.

Re: From the startup who allegedly stole software and raised $2M with it

#77
post #42

I think you're going to have a hard time here trying to convince a developer community that a "refund" is something a client is entitled to in a work for hire situation. You ask a developer to do work for you, they do the requested work, and you pay them. If you don't like the work, you end the relationship. But you still have to pay them for their time. I don't envy the next few weeks for you guys, but you definitel…

Normally I'd agree with you but it sounds like this work-for-hire arrangement wasn't based on an hourly wage but rather payments for deliverables. If the software was as bad as described, no deliverables were met and the developer isn't owed a payment. Note that this assumes the contract specifies the specifications for what was deemed acceptable work.

The problem I have with that argument is that the original post said there were multiple payments that were all reversed later. If the code was so bad, why wasn't the developer terminated much earlier? Doesn't multiple payments normally imply that multiple milestones were hit (i.e. deliverables accepted)?

Re: From the startup who allegedly stole software and raised $2M with it

#78
You used his code in some respects even if it wasn't in the final product.

If nothing more, then you knew what not to do or what was difficult to do.

Regardless, you probably should have paid him.

It all depends on the nature of the contract. If it was for services and not for a completed project, then you absolutely needed to pay him. If it was for a completed and usable product, then you didn't have to pay him.

Regardless, people here will think twice about working for you.

Re: From the startup who allegedly stole software and raised $2M with it

#79

A backend PHP framework causing browser incompatibility issues. Eh? Edit: To reply to the naysayers in one fell-swoop - unless CakePHP is identifying the browser from the request header and sending different templates/CSS accordingly (which sounds unlikely, and like a bad idea to me), there's no way for the framework to introduce cross-browser compatibility issues. Obviously the developer could create issues in the C…

Why not? It generates HTML which may have all the browser incompatibility issues a programmer can fit into a PHP file (replace with your favourite web language).

Re: From the startup who allegedly stole software and raised $2M with it

#80

Requesting a refund is different from a charge-back via PayPal. Working with any contractor be it an agency or a freelancer there is always a risk you wont be happy. The correct way of dealing with it is to find an agreement you can both deal with. Not use shitty Paypal tactics to reverse the charge. If you go for dinner and don't enjoy the food, you do not pay, leave and then call Amex and tell them your card was st…

> Requesting a refund is different from a charge-back via PayPal. Anytime Paypal's involved, the waters are so muddled who can say what happened? To even be entitled to a refund, the person has a limited amount of time to file a complaint. If the complaint is filed, Paypal may do the chargeback all by itself, even if this isn't specifically what the complainant intended.

Paypal nearly always sides with the buyer. If it's a service, even more so.
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