----- Original Message -----
From: "Judith C. Kallos" <hwg-lgmgr(at)theistudio.com>
To: <hwg-business(at)mail.hwg.org>
Sent: Tuesday, May 14, 2002 7:01 PM
Subject: RE: Question about a client


> At 02:40 PM 5/14/02, Phillip Perry wrote:
>
> > >If the site is live in any way - pull it until compensation is
received.
> >
> >I read in the business archives that this may be illegal.
>
> To pull a site that was not paid for?  I find that hard to believe...

Believe it ;)

> >The site actually
> >is live (never will I do that again). And even if I pull it he could ask
his
> >Host to re-install the site from a backup.
>
> Then, that would be a clue to not ever do business with that person
again....

Contact the host, tell them they have something on their site to which you
claim copyright and envoke DMCA.  If the site shows up on search engines,
contact them as well.

> >I would definitely consider doing that if it's legal
>
> I'm not sure where you go that from or in what context the conversation
you
> read was in.....  Without a contract how can anything be illegal?

They have all kinds of cool words for all the things you can be slapped
with, including tortious interference, defamation, blah blah blah because
unless and until 'the judge' says you may have it back, it's a matter of
PartyA-said-but-PartyB-understood.... It's simple enough for the judge to
ask "what does your contract say?  okay, so what do each of you *think* it
said..." and if there was no meeting of the minds, there was no contract.
Everyone take your toys and go home.  But to get to that point can be
arduous.

Besides, who ever said the law was fair?  Equitable, perhaps, but not fair.
They can often be two very separate things.

KRansdell

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