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I Wasn't Paid

iwasntpaid.com

191–200 of 201 posts

Re: I Wasn't Paid

#191

I was involved in the case involving Carlos 'Storm' Martinez, who is an amazing post sound mixer and a stand-up guy. I am a little perturbed to see him mentioned on the site. The design of the site in question was good, no doubt, but it was also riddled with a stolen Neutraface2 font face and the HTML didn't validate. And there was no RoR backend; the whole site was hosted on a GoDaddy shared server. From my understa…

Hello Ladies and Gentlemen - since he forgot to introduce himself, let me introduce you to Lee Gillentine (http://www.fishburd.com/). He is the one who made the above post, and is a little angry that I called his design crappy, and that I caught him trying to steal from me.

I certainly do not blame Mr. Gillentine for the numerous errors he made in the above post since most of this was just regurgitated from what he heard from Mr. Martinez, but unfortunately, almost everything he said was wrong. I have very clear documented evidence that this is so, which is why I won the court case. Let's take it point by point.

- The font was licensed

- It was written in html5, cross-browser tested, and worked perfectly

- Mr. Martinez's previous site was hosted on a godaddy shared server, and that site was made by Mr. Gillentine. Since I know godaddy hosting is horrible, I switched his hosting to FatCow before putting up the site. So not only was this inaccurate, but Mr. Gillentine is the culprit for his own criticism.

- The site was not delivered late, and my price wasn't doubled. I charged hourly, and made the rate clear in the contract that Mr. Martinez signed. I have documents in which he says that his time constraints are "asap", and that he doesn't have budget constraints. No final price was ever discussed, I just recorded my hours worked, put them on an invoice, and sent it.

- What Mr. Gillentine did was attempt to steal the site for Mr. Martinez by removing the stolen notice and re-hosting it on his own servers. Whenever you find yourself ripping someone's html and hosting it on your own website (much like Curebit did to 37signals), you must know that you are clearly doing something wrong. And yes, if you find someone trying to steal your work, you do typically send them an aggressive note telling them to take it down. And it worked.

- There was a rails back end, it was hosted elsewhere because (as I assume most people here know) you need a different server setup to handle a rails environment. The other host was mapped to a subdomain on the site.

- I never took down the site. In fact, I didn't even have access to the site, since Mr. Martinez tried to change all his hosting passwords and steal the site from me (that was why I triggered the stolen notice). Mr. Martinez took his own site down and parked his domain because it was better than facing the embarrassment of having a huge notice over your site telling everyone that you are a thief. I would have loved to have that notice stay up for longer.

- I have no "history of posting complaints about how I have been screwed out of $500 and then taking them down". This is 100% baseless, and makes no sense, I don't even know where he came up with this. Everything I post has and will stay up until I receive payment.

- I have spent, by my estimates, about 30 minutes in total telling this story over the web. In fact, I would assume that Mr. Gillentine's time "web-stalking" the issue far exceeded my time spreading the word about it. The bulk of my time spent on damages from this was spent waiting around in the courthouse, which takes forever.

And for the person who asked below, I did win the court case, I have the court order saying he has to pay me, and it has been over a month and I still have literally not heard a word from him. I didn't want to have to call the police, and I even reached out to his friends to ask them to put me in contact with him so I didn't have to do this, and they said no. Too bad.

Re: I Wasn't Paid

#192

I was involved in the case involving Carlos 'Storm' Martinez, who is an amazing post sound mixer and a stand-up guy. I am a little perturbed to see him mentioned on the site. The design of the site in question was good, no doubt, but it was also riddled with a stolen Neutraface2 font face and the HTML didn't validate. And there was no RoR backend; the whole site was hosted on a GoDaddy shared server. From my understa…

>and the HTML didn't validate Stupid as it is to go down the publicly naming route, what has the HTML validation status of the code got to do with anything? This is a measurement that only means something to guys who measure things - it has nothing to do with business generated, traffic, or the user experience of a website (the true yardsticks of good work).

html doesnt validate if you put in a single facebook opengraph tag. css doesn't validate if you put in a vendor prefix. these tools are outdated and useless.

Re: I Wasn't Paid

#193
post #141

Earlier quoted context omitted.

I would love to stop doing work for small companies or individuals. But how do I get bigger clients? I really don't know how.

It took me a while to make the jump. I started by earning my dues working too hard for two little pay with some small-time clients early on. I built up a decent portfolio that I could show off and started using that to market myself. I sent it as a link to adds I saw on craigslist. I did a couple projects on spec that I worked really really hard on and sent links to the company offering it for free. You'd think that…

You got major clients from Craiglist? If I misunderstood, where exactly did you send your portfolio to which resulted in major clients?

Re: I Wasn't Paid

#194
post #67

Earlier quoted context omitted.

This, and the fact that the truth can not be libelous. As long as you're not misrepresenting a claim, you're fine.

That depends on your location. In NL the truth can get you in a lot of trouble. Also not that the TOS tries to make the submitter liable for all damages _and_ cost : http://iwasntpaid.com/terms_of_submission

If you stole money from me, I sued you and won the lawsuit, and then published an article about how you stole from me, that could be construed as being libelous?

Re: I Wasn't Paid

#195
post #185

Earlier quoted context omitted.

Hindsight is 20/20, but typically any sign that they're weird and irrational (trail of angry developers/no business model), or that they'll try and screw you out of a fair payment (won't do commencement payments) are a red flag. Even if you can't afford a lawyer, I would have something along the lines of terms and conditions, what happens on non-payment (usually work stops), etc. The "Fuck you, pay me" is a pretty go…

trail of angry developers Hehe. Reminds me of a former client (sorta) who would always wind up working for assholes. Everyone he had worked with turned out to be an asshole would couldn't do what he wanted. Turns out he was the asshole. It's almost impossible for everyone else to be an asshole. It's like the old poker tip. If you look around the table and can't find the sucker, it's you. If you think everyone is an a…

Bonus points if you find angry rants from the previous developer in PHP comments :)

Re: I Wasn't Paid

#196
post #194

Earlier quoted context omitted.

That depends on your location. In NL the truth can get you in a lot of trouble. Also not that the TOS tries to make the submitter liable for all damages _and_ cost : http://iwasntpaid.com/terms_of_submission

If you stole money from me, I sued you and won the lawsuit, and then published an article about how you stole from me, that could be construed as being libelous?

No, because our law separates defamation into two parts.

- Libel (laster) where allegations are not true or the defendant should have known they are not true.

- Smaad where allegations are true, or it's reasonable for the defendant to assume they are true.

In your example, you could be convicted of Smaad, unless you could show that you

1) acted in the public interest.

2) or needed to defend yourself against eg a counterclaim

3) or did not intend to harm someones good name

See http://lexius.nl/wetboek-van-strafrecht/boek2/titel16

Re: I Wasn't Paid

#197
post #194

Earlier quoted context omitted.

If you stole money from me, I sued you and won the lawsuit, and then published an article about how you stole from me, that could be construed as being libelous?

No, because our law separates defamation into two parts. - Libel (laster) where allegations are not true or the defendant should have known they are not true. - Smaad where allegations are true, or it's reasonable for the defendant to assume they are true. In your example, you could be convicted of Smaad, unless you could show that you 1) acted in the public interest. 2) or needed to defend yourself against eg a coun…

Interesting. Thanks for the explanation.

Re: I Wasn't Paid

#198
post #193

Earlier quoted context omitted.

It took me a while to make the jump. I started by earning my dues working too hard for two little pay with some small-time clients early on. I built up a decent portfolio that I could show off and started using that to market myself. I sent it as a link to adds I saw on craigslist. I did a couple projects on spec that I worked really really hard on and sent links to the company offering it for free. You'd think that…

You got major clients from Craiglist? If I misunderstood, where exactly did you send your portfolio to which resulted in major clients?

Yes I did. It was very hard work. I combed through hundreds of adds, sent custom replies to several dozen of the most promising and made it clear that I was offering high quality, with the unstated caveat that I was not offering the lowest price. I replied only to adds local to Boston (where I live) and said that I would be happy to come to their location at their convenience. When I did in person interview I dressed very well, and read up extensively on their companies beforehand. I did not even entertain anyone that seemed like a cheapskate or wanted to offer equity.

Re: I Wasn't Paid

#199
post #191

I was involved in the case involving Carlos 'Storm' Martinez, who is an amazing post sound mixer and a stand-up guy. I am a little perturbed to see him mentioned on the site. The design of the site in question was good, no doubt, but it was also riddled with a stolen Neutraface2 font face and the HTML didn't validate. And there was no RoR backend; the whole site was hosted on a GoDaddy shared server. From my understa…

Hello Ladies and Gentlemen - since he forgot to introduce himself, let me introduce you to Lee Gillentine ( http://www.fishburd.com/ ). He is the one who made the above post, and is a little angry that I called his design crappy, and that I caught him trying to steal from me. I certainly do not blame Mr. Gillentine for the numerous errors he made in the above post since most of this was just regurgitated from what he…

Just a friendly word of advice from a former contractor: if you ever feel the need to put a kill-switch in a site you're developing, it's time to stop, cut your losses, and find a new client to work for. It just isn't worth it. Send them a bill for the work completed so far if you want, but don't expect it to get paid and don't worry about it when it doesn't.

As for how to do that and still make a living: double your rates and require 50% up front. That way you've gotten "full" payment by your current rates if the work goes sour, and a nice bonus when it doesn't.

In our line of work, there are a lot of good clients out there. Life's too short to deal with the bad ones.

Re: I Wasn't Paid

#200

I have started to put a clause in my own contracts that's paraphrased like so: I do some work for you and submit it to you for verification. You have x days to verify it. If you fail to verify it or tell me a scheduled date for verification by that date, it goes on github for the world to see and use for free. I.E. "F * U, Pay Me."

Interesting approach, but what stops the client from using this to his advantage? "Hmm, if I fail to pay, the code becomes open-source, and then I can use it for free."

Depends on how much they want to deter competition. This particular company was a hardware video switch; competitors could easily port the same app to their machines and then the client loses the advantage they had previously.
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