Site Ownership when webmaster splits

[handsonhosting]

By dealing with, I include talking to Person 1, but not discussing the hosting plan itself. This could be relaying to them what they need to do to claim ownership - and that could be to seek legal counsel.

Yep, I got ya now. I should have better worded "dealing with". Definitely anyone who contacts someone should be getting a response, it's the disclosure of information that I was trying to explore.

I've seen this type of situation come up on a few different forums over the past few years, especially when the owner of the sites post looking for help. I've found that many people tend to shy away from this discussion and potential exposure in their TOS/AUP, so I figured I'd see who is prepared in our forum here and get some input.

I'd be really interested in hearing the views of those that side with Person #1, (I know they're out there) and how they deal with the situation.

 

[Ajay-HostIN]

In this case the fault is from person 1's side as he solely remain dependent on person 2 though the all things logically belongs to him. Being a web hosting provider if I am aware of the all above situations and if I can manage to avoid mess up of anything legal then I would handover the files to person 1. Mostly email ID used while registering a web hosting account, is the factor which is taken in to consideration while dealing with the customers. So I would like to know which email ID person 2 used and does the same is in the hands of person 1 now? (I hope person 2 has used an email Id which is created on the same domain, this will make the things easy for person 1)

 

[handsonhosting]

I'd never consider the email ID as being a potential factor in things. I wonder if that changes the positions of anyone (including myself). We advise our customers not to use email addresses associated with domains hosted on our servers (this way we can contact them if their site is shut down/offline etc) - but we all know clients that like to change information after signup. I'd never considered the email address before, but it could potentially be a factor.

 

[ForzaHost]

Not going to give a huge spiel here but just my 2 cents.

I would try to gather as much proof from Person 1 that the design etc is owned by them however, designed by Person 2. This can be determined by work contracts, bank statements with payment comments (e.g. Second Design Payment).

There are many more factors to work with but in any case, it's a very hard scenario to work with, control and prevent.

 

[FusedServers]

all in all I would just tell them to grow up and be men about it.

Person 1 would need to show proofs where they own the design.

Person 2 would need to provide the agreement for designs.


Person 1 would need take up billing arrangements with said hosting company but not be able to access files until its settled.

Hosting Company should have checked the whois with fraud check and make any questions resolvable before hand.

Was their a contract of employment between person 1 and 2. What states do person 1 and 2 live in. (reason for this is because some states are "at will employment")

If said stuff can not be provided by either party. I say its up to the discretion of the Hosting Company to figure it out based on what can be provided.

 

[FRCorey]

This is an interesting subject, and something similar I was just reading about on Slashdot where a producer paid a lady to film for a documentary. She was his employee and the film was to be shot for his documentary. After filming was done he returns to Australia and posts his documentary. The filmed however files DMCA injunctions claiming the documentary was her property.

International courts and US courts agreed the film is his, he paid her to do a job, and she was the employee. If you hire someone you need to make it clear in the contract that any work they do on company time is clearly produced for the employer's benefit and the companies and is not subject to any claims of ownership no matter who developed it in house.

 

[HostLeet]

First of all, this is something that should be settled in court between Person 1 and Person 2, the hosting company should stay out of it until provided with a court order. Also, Person 1 should have no problem proving that person 2 was indeed their employee and did all the work on their behalf..

However, the hosting company could easily cover their end in court by asking Person 1 to provide the following:

1. Proof that they indeed paid for everything (domain name + hosting account).

2. Proof that Person 2 was indeed hired by Person 1 to create the company site on their behalf, such as an "Independent Contractor Form", which states the work that was done and it's signed by both parties.

If such documents can be provided, the hosting company should be able to deal with Person 1 ONLY and not be liable in court.

DISCLAIMER: I AM NOT AN ATTORNEY AND CAN NOT PROVIDE LEGAL ADVISE.

 

[kunnusingh]

Agree with HostLeet

If they don't want to settle this issue in court then you can give this account to person 1(since person 1 is real owner) however If person 1 want to change his full name, address,email etc then ask him to provide a Name change proof..(Yes, "Name Change" proof and old/new address proof)