Slashdot Mirror
Compensation for Bandwidth Costs is Extortion?
Tha_Big_Guy23 asks: "According to this article, a man who created a website for his local Sheriff's department is being charged with extortion. This was caused by taking down the website after repeated attempts to get compensation from the county to cover the bandwidth costs. As a result, all his personal computer property, and company computer property was seized and he was jailed."
"After being jailed he was charged with extortion, larceny by conversion, using a computer to commit a crime, and obstruction of justice. This website explains in more detail the circumstances surrounding the situation. Has anyone on Slashdot ever had an experience where a client was unwilling to compensate you for either your work, and/or the resources required to do your work?"
While the end result of this situation is a shame, let this situation serve as a warning for those of you who work, without a contract in place. While it is the general hope that people will behave in an honorable manner, sometimes this is just not the case, and contracts exist to protect both parties, when things go sour.
While the end result of this situation is a shame, let this situation serve as a warning for those of you who work, without a contract in place. While it is the general hope that people will behave in an honorable manner, sometimes this is just not the case, and contracts exist to protect both parties, when things go sour.
The fact is that he did, based on my reading of the statue commit extoration.
The lesson to be learned:
1. Have a contract in place, don't do things on a handshake and a nod.
A contract - and the exercise of building one - isn't just a legal play. A good contract is an agreement on what X will do for Y, and what Y will do in return for X. It is like an API definition.
2. If you have a dispute, don't take it into your hands.
He should have sat down with an attorney and have had them put together a letter of the following form:
"Dear Sir,
The service I have been providing to you per our oral agreement of December XX, XXXX and subsequentally afirmed in various conversations and by you use of the service, is currently costing me $XXX.XX a month to provide due to the traffic level of XXX,XXX visits per month.
To date I have not received payment for this service. Given the current situation, I can no longer continue to provide this service beyond (today+30 days).
If you aren't willing to pay for the service I am providing, will work with to transition to another service provider within these 30 days.
Please note, any assistance in such a transition, doesn't indicate a release of my claims for services provided for XX months at a cost of $x,xxx a month.
Yours,
Joe WebMaster
3. Didn't anyone every teach him "you don't spit into the wind, you don't tug on Superman's cape, and you don't anger the local Sheriff!"?