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How to prove that the site is mine?
Hello!
Background:
Once worked in a web studio (without a contract). Received an order (payment per project). It so happened that I was given direct access to the customer. As a result, the web studio threw me to pay for this site, while the customer paid for the web studio.
He decided to get his money back from the web studio and pay me directly so as not to lose the site. The site is completely developed by me, I used only open source source code, and there are not many of them. The only design provided by the customer.
As a result, the customer sued the web studio, as they refused to return the money for good.
Now the crux of the matter:
I need to prove that I made the site (copyright) in order to prove that the deal with the customer from the web studio is illegal. How to do it?
A meta tag has been built into the site from the very beginning. <meta name="author" content="Light Alex" />
Previously, I made sites under the same nickname.
There are several versions of the site. The web studio has only one version of the site (almost release, but there were later edits), which, by the way, they removed from my hosting because of a moron sysadmin who managed to leak passwordless access to my hosting to them (that is, they took the files illegal).
Is this enough to prove copyright? And how does all this happen? Do I need to stomp somewhere with the computer on which everything was developed?
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It is not clear what kind of lawsuit was filed in court and what the copyright to the site has to do with it. From the question it turns out:
1. The customer has concluded an agreement with the VEB-studio for the production of the site. The studio made this site (with your hands and without an agreement with you). The customer received the site, accepted the work, signed the acts, paid the studio money. The contract is closed. That is, the customer has nothing to present to VEB-studio, they completed all the work, and the customer accepted and paid for them. Did I understand correctly?
2. VEB-studio scammed you for money because you "worked in a web-studio (without a contract)". And what does the return of money by the VEB studio to the customer, authorship of the site and other conversations that are not supported by documents have to do with it?
3. "And how does all this happen? Do I need to stomp somewhere with a computer on which everything was developed?" The court doesn't need your fucking computer. He needs an expert opinion. And the price of the examination, I think, will be comparable to the amount of the claim. And what it will be - HZ, but you will have to pay regardless of the result.
4. "He decided to get his money back from the web studio and pay me directly so as not to lose the site" So you're going to block/delete/damage the customer's site? Do you have access to hosting, but the customer does not? Well, the customer also screwed up. But if you do this (and you are no longer an anonymous hacker, but a real individual with a full name and address), then both the customer and the studio will sue you, and they can even apply informal measures of influence. Do you need it?
5. "I have not lost anything except time" - exhale, and calm down. You'll be smarter next time.
6. Talk to the customer, and take this site to service for a small but regular income to you money.
What difference does it make to the customer? He gave money, received the product. If everything is correct, he will lose the case. If your web studio threw, take screenshots of correspondence, that is, you will need 100% proofs and go to the peekaboo, thousands of schoolchildren will help you annoy this web studio)
I don’t understand why the customer should suffer, if they threw you, deal with the studio. Or is it a principle and harm? Sue the studio and demand recognition of employment and pay wages, copyright is not strong, but if you have more sources, then I think it will not be difficult to take it out yourself.
And what is there under the contract, if the site is not accepted, the money is not returned?
I myself recently sued, worked as an activist for a short time, decided to quit, did not pay salaries for the last month, won the court without problems if I had screenshots from 1C / CRM databases and a couple of others. Yes, witnesses were not needed, there was one girl, but she also worked without a contract, like me. Roughly speaking the left person. Now it remains only to return the money, the bailiffs were able to fish out a little from the accounts, but not all of them (there were maternity leave and the girls are now sitting without them = / ) because the company ceased to operate on this behalf and began to work on behalf of another person, currently though everyone has already been fired and money is sticking out to people) But as the bailiff said, if there are zeros on the accounts, you can’t do anything, only to the prosecutor’s office, even if the boss himself has money falling out of his pockets.
And now it seems to me that it was not the studio that threw you, but you decided to throw it, didn't you? ) IMHO
Btv, if the contract is not closed and the site was transferred only at your request, then redo something there so that the customer can refuse and that's it, the money should be returned, because the terms of the contract were not fulfilled and the site does not meet expectations, and then you yourself will do everything bypassing the company, as you probably wanted from the very beginning :D
If the customer wins the court, then what will prevent him from throwing the author of the site? He has backups if hosting him.
Authorship can be proved by the presence of source codes, the more versions, the better. It would be possible to indicate on the site "The developer is such and such, the site is in demo mode. Contact the developer." If the studio does not have access to hosting, then, with one source against several versions, they will not be able to prove authorship.
But I would just delete the site, or initially hosted only on my hosting.
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