Why I Spent $100k to Fight a $10k Small Claims Lawsuit

Re:Why I Spent $100k to Fight a $10k Small Claims Lawsuit by mrajcok on Sunday January 08, 2017 @12:04AM (#13348372)

Did the contract in question have copyright to the work only transfer upon payment in full? That is a key piece of leverage that you should include in every contract. This way if the client continues to use the code you can inform them that it is copyright infringement, potentially send the web host a DMCA takedown notice, or have your lawyer pursue them for copyright infringement.

That said, the "self-help" takedown sounded problematic -- much better to have the option of a copyright infringement claim.

If a client pushes back on this provision you can explain that you are 100% insistent but it only comes into question if they don't pay -- that has resolved all objections in my experience, and if they pushed further I'd treat it as a major red flag.

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Re:Why I Spent $100k to Fight a $10k Small Claims Lawsuit by joelx on Sunday January 08, 2017 @02:38PM (#13351495)

This comment is 100% on point. I include a clause in my contracts that I own all of the work we do until payment is made in full.

It still would have been better to have not pushed the site live until the payment was made though. We have a policy for that, but the team gets a bit overeager.

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