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A web developer posted a payment shaming message on their client's site

joseph-smith.co.uk

101–110 of 115 posts

Re: A web developer posted a payment shaming message on their client's site

#101

Earlier quoted context omitted.

In the UK, this is less of a problem, though it depends a lot on the contract between the company and the developer. Assuming nothing exotic, that the statement on the site is true (and not a malicious falsehood) and that if the hosting belongs to the end customer they did not revoke the developer's access (i.e. no unauthorised access occurred), then the developer is in a reasonable position legally. IANAL, of course…

So if I'm a builder, can I build a wall in front of your grocery store's door if you did not pay me, as long as I do not lie and I do not break in?

You wouldn't own the land. It's quite common with small business web design for the developer to also control the hosting. The actual point in the web site case is that you are revoking the copyright license to the content until you receive payment, a well tested and accepted concept in UK law.

That said, there have certainly been situations where builders have gone back to properties and taken back their property (like tiles from walls, joinery, etc.) but I have no idea how that pans out legally as it's outside my wheelhouse.

Re: A web developer posted a payment shaming message on their client's site

#102
post #23

Earlier quoted context omitted.

In the UK, this is less of a problem, though it depends a lot on the contract between the company and the developer. Assuming nothing exotic, that the statement on the site is true (and not a malicious falsehood) and that if the hosting belongs to the end customer they did not revoke the developer's access (i.e. no unauthorised access occurred), then the developer is in a reasonable position legally. IANAL, of course…

No unauthorized access but they would argue unauthorized vandalism by the developer, which blocks the entire site. Airing dirty laundry is in some jurisdictions a legal offence. Which is exactly why there needs to be agreement spelled out in contracts upfront, that this could happen, and the client would just sign it. And I am a fan of smart contracts and cryptocurrencies, see my suggestion below: https://news.ycombi…

Airing dirty laundry is in some jurisdictions a legal offence.

In the UK, the place where the site in the original link is, it's okay to state facts about a business transaction in public if it's not a malicious falsehood, a violation of contract, or a violation of privacy laws (e.g. sharing emails or recorded calls). But yes, I agree, the issues leading up to this should all be tackled by the contract up front.

Re: A web developer posted a payment shaming message on their client's site

#103

Earlier quoted context omitted.

This strikes me as something like a landlord changing the locks when a tenant gets behind on the rent. In many jurisdictions this is illegal, as there exists a defined process for dealing with non-payment of rent: eviction.

I see it more like when a restaurant doesn't pay the lease on their kitchen equipment and the kitchen equipment company comes and puts giant unremovable orange stickers on the restaurant windows letting the owner and the world know that the equipment inside is their property and must be surrendered or legal action will be taken.

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Re: A web developer posted a payment shaming message on their client's site

#104

Earlier quoted context omitted.

Yeah, I’d be wary of hiring the developer even if he’s in the right.

Yeah, I’d be wary of hiring the developer even if he’s in the right. If you pay him, you'll have no problems. You were planning to pay, weren't you?

Why are you responding with superficial takes? Are you trolling?

It's not complicated... I don't trust the judgement of someone that behaves this way. I have no idea what the contract said, or who is in the right. All I know is I'm not going to take the chance that they don't agree with the contract and now I'm litigating on Facebook....

Re: A web developer posted a payment shaming message on their client's site

#105

I have no idea what the contract says, what was paid, or any of the other conversations they've had. All I see is someone complaining publicly about a private matter. When that happens, I assume they're wrong. Normal people don't air petty grievances on the internet. They use the courts and other mechanisms. According to another comment, the business is dissolved. They don't care if their site goes down. So this guy…

Counterpoint: airing petty grievances on the Internet has proven, time and again, to be a remarkably effective way of getting the grievance addressed by an otherwise inaccessible third party. Evidence: just about every post on Hacker News about Google breaking that eventually attracts a personal followup from a Googler who reads HN. If you're angry about not getting paid and your client has given you control over par…

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Re: A web developer posted a payment shaming message on their client's site

#106
post #87

Earlier quoted context omitted.

I didn't say anything about the legality... They asked how to block email. Both of these would work. There's no reason to respond to questions or points nobody is making.

You don't think there's a reason to say someone's illegal advice is illegal? OK.

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Re: A web developer posted a payment shaming message on their client's site

#107

I build websites for a living and sometimes people don't pay their bills. Their website going down is usually not a big deal (sometimes they don't notice for months!). But their email, now THAT is a show stopper every time (instant payment).

Back when I used to work freelance, I learned that all my contracts needed to have a provision not releasing IP rights until final payment was made. This provides the legal stick to side-step going through a commercial contract dispute. You frequently run into companies wanting to pay fractions of amounts due and not having a strong incentive to hurry along a resolution. Instead, without IP assignment it becomes a co…

This worked for me once. Client refused to pay. We all met with our lawyers. Client was chuckling. Slid copy of contract over the table with IP rights highlighted. Client: "We need a minute." Five minutes later: "Here's your check."

Also, our lawyer that day had the best advice: "If this goes to court, the only winners are me and their lawyer. We both get to have another vacation this year."

Re: A web developer posted a payment shaming message on their client's site

#108
post #41

I have no idea what the contract says, what was paid, or any of the other conversations they've had. All I see is someone complaining publicly about a private matter. When that happens, I assume they're wrong. Normal people don't air petty grievances on the internet. They use the courts and other mechanisms. According to another comment, the business is dissolved. They don't care if their site goes down. So this guy…

You say that as if the courts are a reasonable solution for most people. In many cases the cost and time render them useless and often cost more than the invoice that is due. In some jurisdictions you may recover this, but in many you can't.

When I had a dispute with a client over coding work my lawyer said: "If this goes to court, the only winners and me and their lawyer. We get to take another vacation this year." I've always heeded that advice.

Re: A web developer posted a payment shaming message on their client's site

#109
post #41

Earlier quoted context omitted.

You say that as if the courts are a reasonable solution for most people. In many cases the cost and time render them useless and often cost more than the invoice that is due. In some jurisdictions you may recover this, but in many you can't.

You say that as if airing your problems on the internet is a reasonable solution for most people. We have small claims courts in every jurisdiction in the US. It costs $50 to file, and you do not need an attorney. The courts will review the contract and generally reach a reasonable decision. There's always a cost/benefit to things. I bet the courts have returned more money than Facebook posts have...

I've done tons of litigation in Small Claims in the USA. It's not how you think.

I don't know what state lets you file for $50. It can easily reach $400 or more, especially because you might have to pay the sheriff to serve the defendant.

Most Small Claims in the USA allows the other party to bring an entire team of professional lawyers to destroy you. (Cook County for instance bars lawyers only for cases under $1500 IIRC)

Re: A web developer posted a payment shaming message on their client's site

#110

Earlier quoted context omitted.

Back when I used to work freelance, I learned that all my contracts needed to have a provision not releasing IP rights until final payment was made. This provides the legal stick to side-step going through a commercial contract dispute. You frequently run into companies wanting to pay fractions of amounts due and not having a strong incentive to hurry along a resolution. Instead, without IP assignment it becomes a co…

More unprofessional than buying services and refusing to pay for them?

You can't control and aren't responsible for how other people behave. I think this falls firmly into the "two wrongs don't make a right" territory as well.
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