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Your copyright may give you rights to sue the client for infringement once it's clear they aren't going to remedy their breach, yes. A judge may order the copy

Your copyright may give you rights to sue the client for infringement once it's clear they aren't going to remedy their breach, yes. A judge may order the copy of your work taken offline or destroyed, yes. But you can't take matters into your own hands and do that without going to court. You do not own the (unlicensed or otherwise) copies of your work that have already been transferred to others, and going onto their server to destroy/modify the site is not only a civil wrong on your part, but a crime under the Computer Fraud and Abuse Act.

buzer 10y ago
What if you just implemented simple DRM? As we have seen, it apparently isn't illegal to disable access to something you have paid for, let alone something you haven't.
- deleted 10y ago
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TheOtherHobbes 10y ago
How so? You contract to provide a specific service, not specific code. The contract should be for transfer of a license (of whatever kind) to use the IP and business benefit, not for full transfer of all IP. If a client doesn't pay you respond by denying access to the service - which is exactly the same as a hosting company turning off a server for non-payment of hosting fees. I wouldn't do the fade thing, because while it's entertaining it's rather juvenile. But I would be completely happy to delete all work from a client's server and restore it to its previous state if it's obvious they have no intention of ever paying. This is normal behaviour for a business. Generally if someone tries to default on payment, they can expect goods to be reclaimed and services to be terminated. The fact they're running a business and you're a contractor doesn't change that. You're running a business too. If they don't understand that, save yourself the grief and don't work with them.
- dangrossman 10y ago
  The hosting company turning off a server is merely acting on property they both own and possess. You "deleting all work from a client's server" are accessing someone else's property, and doing it for destructive purposes. That's illegal, both civilly and criminally. They're not analogous situations. Even in the physical world, repossession companies may not enter a private building without permission. "Goods are reclaimed" by a sheriff carrying out a court order, not by whoever is owed money breaking in and taking things on their own volition.

buzer 10y ago

What if you just implemented simple DRM? As we have seen, it apparently isn't illegal to disable access to something you have paid for, let alone something you haven't.

deleted 10y ago
[deleted]

TheOtherHobbes 10y ago

How so? You contract to provide a specific service, not specific code. The contract should be for transfer of a license (of whatever kind) to use the IP and business benefit, not for full transfer of all IP. If a client doesn't pay you respond by denying access to the service - which is exactly the same as a hosting company turning off a server for non-payment of hosting fees. I wouldn't do the fade thing, because while it's entertaining it's rather juvenile. But I would be completely happy to delete all work from a client's server and restore it to its previous state if it's obvious they have no intention of ever paying. This is normal behaviour for a business. Generally if someone tries to default on payment, they can expect goods to be reclaimed and services to be terminated. The fact they're running a business and you're a contractor doesn't change that. You're running a business too. If they don't understand that, save yourself the grief and don't work with them.

dangrossman 10y ago
The hosting company turning off a server is merely acting on property they both own and possess. You "deleting all work from a client's server" are accessing someone else's property, and doing it for destructive purposes. That's illegal, both civilly and criminally. They're not analogous situations. Even in the physical world, repossession companies may not enter a private building without permission. "Goods are reclaimed" by a sheriff carrying out a court order, not by whoever is owed money breaking in and taking things on their own volition.