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Re: Website taken offline and disabled by volunteer
It's always best to try get as much background as going in on a wrongly brought claim could just end up costing you more money or have unintended consequences with regards your site.
Have you sent him a formal warning/notice of legal action ?
Do you think he is likely to defend/ try a counterclaim ? ( I don't think he would have a counterclaim btw, there would at very least be an implied licence for the IP on the website while he was a volunteer)
Summary wise;
Volunteer - donated time/skills to build website for uninc not for profit org.
Implied licence.
Not a contractor.
Not an employee.
No code practice/agreement/contract etc in writing at all.
Evidence of emails stating he is building the website and maintaining it solely for the benefit of the org and its members.
No discussions on IP.
Decided to leave after disagreement on policy of org.
Removed website damaging reputation/financials for upkeep of site.
Returned website and passwords after 2 weeks ( hostage ). (emails??)
Had removed all custom coding that he had done while volunteering.
Has left database in tact for reinstatement.
Argues IP of site development to date belongs to him.
Not arguing the content just back end coding.
Need to plead evidence of contract that has been breached by the removal of the website/coding etc.
Consideration ? (any benefit given to the Defendant in return for building/maintaning the site ?)
@OpenLaw - any thoughts on this - the contract element specifically ?
It's always best to try get as much background as going in on a wrongly brought claim could just end up costing you more money or have unintended consequences with regards your site.
Have you sent him a formal warning/notice of legal action ?
Do you think he is likely to defend/ try a counterclaim ? ( I don't think he would have a counterclaim btw, there would at very least be an implied licence for the IP on the website while he was a volunteer)
Summary wise;
Volunteer - donated time/skills to build website for uninc not for profit org.
Implied licence.
Not a contractor.
Not an employee.
No code practice/agreement/contract etc in writing at all.
Evidence of emails stating he is building the website and maintaining it solely for the benefit of the org and its members.
No discussions on IP.
Decided to leave after disagreement on policy of org.
Removed website damaging reputation/financials for upkeep of site.
Returned website and passwords after 2 weeks ( hostage ). (emails??)
Had removed all custom coding that he had done while volunteering.
Has left database in tact for reinstatement.
Argues IP of site development to date belongs to him.
Not arguing the content just back end coding.
Need to plead evidence of contract that has been breached by the removal of the website/coding etc.
Consideration ? (any benefit given to the Defendant in return for building/maintaning the site ?)
@OpenLaw - any thoughts on this - the contract element specifically ?
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