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Some people really make we wanna kill them #233304
10/28/08 01:18
10/28/08 01:18
Joined: Aug 2003
Posts: 7,439
Red Dwarf
Michael_Schwarz Offline OP
Senior Expert
Michael_Schwarz  Offline OP
Senior Expert

Joined: Aug 2003
Posts: 7,439
Red Dwarf
Sooo...
Long story:

At about Oct. 9 I started making a Typo3 website project for a client, together with a freelancer who is an expert in typo3. I paid him for his work well after he finished it each time.
As neither me, nor my client, had a server capable of running typo3 we hosted the project for the time being on his server.

About 3 days ago, we had a big argument, because he started doing less and less work and I had to do most of it on my very own. Point was, he didn't like to take orders from a "19-year-old kiddy" (not looking at the fact, I'm just 17, which would have made matters worse). He decided to drop out and give me 1 hour to backup all data.

I of course, instantly started to make file backups aswell as database backups. As I still didn't have a server to try it out on, i relied on the good hoping he at least held his last promise to give me time to backup the entire project I had done to that very point.

Now I finally found a new server to host the project on, and I found out, that the entire database has been reset to the stand of the 9. Oct., which was the date the project was set-up on.

So now I'm here, a project, literally back at the beginning, and the deadline coming end of this month.

To put my point clear: Can I sue that ba$tard?

I mean, he literally deleted MY work, that *I* have done. Isn't that some sort of illegal act?

edit: I go to the believe that he has a backup on his own, in case I would decide to come "crawling back". I have no proof of that, but It's what I do belive from his personality. Assuming that he does, is there any way I can force him to give it back out?

Last edited by Michael_Schwarz; 10/28/08 01:21.

"Sometimes JCL reminds me of Notch, but more competent" ~ Kiyaku
Re: Some people really make we wanna kill them [Re: Michael_Schwarz] #233312
10/28/08 02:54
10/28/08 02:54
Joined: Aug 2002
Posts: 2,692
California, USA
bupaje Offline
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bupaje  Offline
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Joined: Aug 2002
Posts: 2,692
California, USA
Before suing ask nicely. Only take out a stick when no other recourse is possible. Google cache saves certain portions of the site - probably text only- but you can try (read about it here http://googlesystem.blogspot.com/2007/01/browsing-web-using-google-cache.html) and the waybackmachine at the Internet Archive backs up some stuff - probably only text as well but you can try http://www.archive.org/index.php

My vote is for 'just ask'. Assuming you paid him for the work then you are entitled to a copy.


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Re: Some people really make we wanna kill them [Re: bupaje] #233331
10/28/08 08:13
10/28/08 08:13
Joined: Jul 2002
Posts: 3,208
Germany
Error014 Offline
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Error014  Offline
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Joined: Jul 2002
Posts: 3,208
Germany
Quote:
"19-year-old kiddy"


Actually, this situation is a great way for you to prove that you do have the necessary maturity. Ask nicely and be professional. Calling him a "ba$tard", creating threads with titles like "Some people really make we wanna kill them" and suing him over an argument does not scream "super-professional-attitute" to me ... actually, it sounds more like 17-year-old-kiddy. smile


EDIT: Or maybe just ask him to be your friend on Myspace. I think thats how conflicts are resolved these days. Remember to use at least five exclamation points and also lots of smileys like "^_^", "XD!!!!" and "^_o''".

Last edited by Error014; 10/28/08 08:17. Reason: Made the post five times more amazing and twice as funny, also added a way to win a microwave

Perhaps this post will get me points for originality at least.

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Re: Some people really make we wanna kill them [Re: Error014] #233333
10/28/08 08:44
10/28/08 08:44
Joined: Jun 2005
Posts: 4,875
broozar Offline
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broozar  Offline
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Joined: Jun 2005
Posts: 4,875
don't you have a written contract with the guy?

Re: Some people really make we wanna kill them [Re: Error014] #233334
10/28/08 08:46
10/28/08 08:46
Joined: Jul 2002
Posts: 4,436
Germany, Luebeck
Xarthor Offline
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Xarthor  Offline
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Joined: Jul 2002
Posts: 4,436
Germany, Luebeck
besides the main point: (sorry for off-topic)
Typo3 is just "another" CMS using MySQL/PHP as far as I know. So why not use XAMPP for offline testing?
It provides all kind of server functionalities, like MySQL Databases, PHP Apache Server, Perl etc.

just as a side note.

Good luck with your project michael.

Re: Some people really make we wanna kill them [Re: broozar] #233352
10/28/08 11:45
10/28/08 11:45
Joined: Aug 2003
Posts: 7,439
Red Dwarf
Michael_Schwarz Offline OP
Senior Expert
Michael_Schwarz  Offline OP
Senior Expert

Joined: Aug 2003
Posts: 7,439
Red Dwarf
Originally Posted By: Error014
Quote:
"19-year-old kiddy"


Actually, this situation is a great way for you to prove that you do have the necessary maturity. Ask nicely and be professional. Calling him a "ba$tard", creating threads with titles like "Some people really make we wanna kill them" and suing him over an argument does not scream "super-professional-attitute" to me ... actually, it sounds more like 17-year-old-kiddy. smile


EDIT: Or maybe just ask him to be your friend on Myspace. I think thats how conflicts are resolved these days. Remember to use at least five exclamation points and also lots of smileys like "^_^", "XD!!!!" and "^_o''".


you're right, you're probably right.
Nevertheless it just makes me very angry.. I just needed to let some steam off...

Originally Posted By: broozar
don't you have a written contract with the guy?


yes, i do. but he doesnt care i guess.


"Sometimes JCL reminds me of Notch, but more competent" ~ Kiyaku
Re: Some people really make we wanna kill them [Re: Michael_Schwarz] #233356
10/28/08 12:03
10/28/08 12:03
Joined: Aug 2003
Posts: 2,122
Berlin, Germany
checkbutton Offline

Expert
checkbutton  Offline

Expert

Joined: Aug 2003
Posts: 2,122
Berlin, Germany
Originally Posted By: Michael_Schwarz
Originally Posted By: broozar
don't you have a written contract with the guy?


yes, i do. but he doesnt care i guess.

Well, then I think you can sue him for damages, but that is only my opinion. If you don't get your work back from him, you should seek a lawyer's help.


I don't have a homepage, for god's sake!
Re: Some people really make we wanna kill them [Re: checkbutton] #233365
10/28/08 12:53
10/28/08 12:53
Joined: Jul 2008
Posts: 191
M
MDMDFSS Offline
Member
MDMDFSS  Offline
Member
M

Joined: Jul 2008
Posts: 191
thats wy I work alon.

Re: Some people really make we wanna kill them [Re: MDMDFSS] #233399
10/28/08 16:13
10/28/08 16:13
Joined: Mar 2002
Posts: 7,726
old_bill Offline
Senior Expert
old_bill  Offline
Senior Expert

Joined: Mar 2002
Posts: 7,726
Depending on how much the project is worth to you, you could
contact a local lawyer, show him your contract with the sub-worker
and ask him to send a letter to him, where you demand him to hand out the
database and the other code you've changed.

This will cost you something arround 300€, but if the contract is obvious,
a letter by a laywer has a certain impact on people, and if he don't
really want to go to the curt with you (as this will also cost him a bunch of money),
he should hand over all availiable data.


Success is walking from failure to failure with no loss of enthusiasm.
Re: Some people really make we wanna kill them [Re: old_bill] #233409
10/28/08 17:27
10/28/08 17:27
Joined: Mar 2003
Posts: 5,377
USofA
fastlane69 Offline
Senior Expert
fastlane69  Offline
Senior Expert

Joined: Mar 2003
Posts: 5,377
USofA
Regarding the contract: I'm concered because in the US, a 17 year old can't enter into contracts. Thus, the contract both of you had is likely invalid unless 17 is an adult where you are. This can play to your advantage if you can prove this "man" was trying to take advantage of this "child". This will play to your disadvantage if you presented yourself as an adult (ie: lied) in order to get a contract. This point is moot if you live in a place where 17 is "old enough" to enter into a contract. smile

Doing what others have said and calmly and politely see if you can enter into a discussion with this person is the best way to go about it. You MUST put ALL anger aside and try to work with him.

However, if he still doesn't come through, then you can take legal measures. Again, your age is at a disadvantage for again in the US, you have to be an adult to sue (so maybe your parents could do it). However, to your advantage, most people cave in rather than going through a legal process so the mere THREAT of the suit may be enough.



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