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  • Definitely Crying Now

    background: http://customerssuck.com/board/showthread.php?t=83196

    I got an email from a client today that my old coder approached her and offered to sell her one of my premades at half cost. "Cut out the design fee, and pay only for coding!" She was very concerned, and told me she didn't take him up on the offer because she thought it was very strange.

    I messaged the coder, asking wtf that was all about.

    Seraph: I'm going to tell you now.
    Seraph: If you install that template for her without my permission, I will sue you for copyright infringement.
    Seraph: Telling her that she can pay you only $40 to have it directly installed?
    Seraph: This is not a threat. If you do so, I will sue.
    Seraph: I'd rather this all be settled nicely, and I'm very grateful she notified me about your email.
    Ex-Coder: Guess, you'll just have to sue me.
    Ex-Coder: Especially now that I'm a corp and hav eno liability.
    Yep. He's just informed me that he's stealing my work, and won't stop until I sue.

    Just what I needed before Thanksgiving Day.
    Last edited by Seraph; 02-11-2012, 12:42 AM.
    By popular request....I am now officially the Enemy of Normalcy.

    "What is unobtainium? To Seraph, it's a normal client. :P" -- Observant Friend

  • #2
    Crap on a stick. You really don't need this. However, he's proved what a sleaze he is and that you're better off without him.

    We're here when you need to vent.

    Rapscallion

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    • #3
      He is going to find out the hard way just how thin that corporate veil is if he persists. Go sue his butt into oblivion, but get a restraining order first!

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      • #4
        Yeaaaah he just called me up and said that he did that only to get my goat. I "piss him off more than anyone else", and he decided to yank my chain with that.

        Well, if anything, he proved that either way, that was a sleazebag thing to pull.

        Things are changing even more dramatically now. And I'm still keeping an eye out to make sure he doesn't do that.
        By popular request....I am now officially the Enemy of Normalcy.

        "What is unobtainium? To Seraph, it's a normal client. :P" -- Observant Friend

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        • #5
          Sue him anyway. Jackass deserves it.

          Comment


          • #6
            I'm sorry you have to deal with this bs. I'd see if it would be worth your time to sue him anyways.
            http://www.customerssuck.com/?m=20080203

            My destiny is not pretty, but it's what my cutie mark is telling me.

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            • #7
              Oh, man, he is fucked in at least three different ways, and he's so special he thinks he's covered his ass.

              Well, all he's really done is cover his ass with a target made out of rice paper: Anything that hits won't even notice it.

              First off, he's demonstrated a willingness to try to use the "corporate veil" to protect himself from the results of illegal actions. That is one thing that will get the veil removed so fast he's gonna feel naked.

              Second, he might be on the hook for the criminal penalties as well as the civil. They're not often invoked, and usually only against very large operations, but he's opened himself up for that. Oh, and criminal actions apply to people. Corporate veil is irrelevant.

              Third, as a one man corporation, the IRS will take very special interest in him. You see, they tend to view such companies with a lot of skepticism, especially when it comes to being a software developer. He's going to have to provably maintain a large customer base. Failure to do so will make them declare that he was not actually a corporation, and was therefore subject to different tax rules. That could cost him his home.

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              • #8
                Quoth charred View Post
                Sue him anyway. Jackass deserves it.
                I would seriously consider going this route. He seems to think it's funny to jerk your chain and then claim it was "only a joke." Let's see how he laughs off a letter from an honest-to-goodness lawyer.

                Quoth Pedersen View Post
                Oh, man, he is fucked in at least three different ways, and he's so special he thinks he's covered his ass.

                Well, all he's really done is cover his ass with a target made out of rice paper: Anything that hits won't even notice it.

                First off, he's demonstrated a willingness to try to use the "corporate veil" to protect himself from the results of illegal actions. That is one thing that will get the veil removed so fast he's gonna feel naked.

                Second, he might be on the hook for the criminal penalties as well as the civil. They're not often invoked, and usually only against very large operations, but he's opened himself up for that. Oh, and criminal actions apply to people. Corporate veil is irrelevant.

                Third, as a one man corporation, the IRS will take very special interest in him. You see, they tend to view such companies with a lot of skepticism, especially when it comes to being a software developer. He's going to have to provably maintain a large customer base. Failure to do so will make them declare that he was not actually a corporation, and was therefore subject to different tax rules. That could cost him his home.
                Man, I like the sound of ALL of this. Couldn't happen to a more deserving person.

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                • #9
                  Sorry to hear about all this happening to you Seraph.

                  I know it's a lot of stress, but from my viewpoint, now would be the time to stop being the better person, and get a lawyer to do unmentionable things to him at a legal and financial level.

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                  • #10
                    This ^ ^

                    "You think I piss you off? You ain't seen NOTHING yet!"
                    Engaged to the sweet Mytical He is my Black Dragon (and yes, a good one) strong, protective, the guardian. I am his Silver Dragon, always by his side, shining for him, cherishing him.

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                    • #11
                      Yeesh!. i just read the original post for the first time. Sorry this guy was such a jerk to you. He sounds cocky-like, in the least.

                      I recall a thread regarding call centers, and how when a customer might threaten the place with the word "lawyer" that the rep would say, "because you are involving your lawyers now, I am no longer obligated to speak to you and you will speak with our team of lawyers from this point on.." I think when you pluralize "lawyer", that may be even more intimidating to the first person that claims, "I'll sue!!".

                      Perhaps that's the route to go. It's easier said than done but hopefully it'll help you, at least for the rest of the weekend, not to reply to him at all until you've contacted your lawyers about this. Simply saying that you'll sue someone doesn't imply that you'll automatically win, but in your case, you have it in the bag. From what you've detailed about him, it sounds as if he might try something else, so I'd stay one step ahead of this guy if you can.

                      Good luck, and try to have a nice Thanksgiving!

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                      • #12
                        Quoth Seraph View Post
                        Yeaaaah he just called me up and said that he did that only to get my goat. I "piss him off more than anyone else", and he decided to yank my chain with that. .
                        So how about this?

                        Make up a phony but realistic-looking summons, and have someone serve him with it.

                        When he stops hyperventilating and his heart rate returns to normal, tell him, "Oh, I wasn't really going to sue you. I was just yanking your chain."

                        See how he likes it when the foot is in the other shoe.

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                        • #13
                          Ooooooh Shalom! You're soooo evil! I adore that in a person!

                          On the other hand, making up a phony summons might be illegal... but I still like the idea.

                          I'd rather say... Seraph, sue him. I don't really buy his "I'm only yanking your chain" line, he'll try and sell the code and design he doesn't own. I think he needs a harsh kick in the butt.
                          No trees were killed in the posting of this message.

                          However, a large number of electrons were terribly inconvenienced.

                          Comment


                          • #14
                            Quoth BeeMused View Post
                            Ooooooh Shalom! You're soooo evil! I adore that in a person!

                            On the other hand, making up a phony summons might be illegal... but I still like the idea.

                            I'd rather say... Seraph, sue him. I don't really buy his "I'm only yanking your chain" line, he'll try and sell the code and design he doesn't own. I think he needs a harsh kick in the butt.
                            This is what I'm thinking. He'll keep pulling these "jokes" and somewhere in the middle of them all he'll do something that will seriously damage your fledgling company. Even if he doesn't do that, you're going to be under constant stress wondering what's coming next. Time to consult a lawyer to shut him down now.


                            Quoth emax4 View Post
                            Yeesh!. i just read the original post for the first time. Sorry this guy was such a jerk to you. He sounds cocky-like, in the least.

                            I recall a thread regarding call centers, and how when a customer might threaten the place with the word "lawyer" that the rep would say, "because you are involving your lawyers now, I am no longer obligated to speak to you and you will speak with our team of lawyers from this point on." I think when you pluralize "lawyer", that may be even more intimidating to the first person that claims, "I'll sue!!"

                            *snip*
                            Definitely the way to go. If he's threatening to sue, it's now in the hands of your lawyers (plural for effect, if not in reality, LOL) and on their advice you will have no further direct contact with him, here's your lawyers' number, thank you and goodbye and don't call me again. *Click*
                            That should shake up his world.

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                            • #15
                              In the UK, you can speak to any solicitor on the phone and not have to pay for it, and then you can use the golden phrase "I have taken legal advice and..." I presume you're in the US (I am sorry, I forget where everyone is!) so it might not work like that, but I am definately agreeing with the sue-his-ass camp!
                              I speak English, L33t, Sarcasm and basic Idiot.

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