This should be specified beforehand. It rarely is though. The company will win if they have more money, and the designer has anything to loose (like money for a lawyer, and/or tons of time to spend in court.)
Did the designer register the domain name for the company? If so (if the designer is the offical contact for that domain) then the company has a BIG problem. Probably the designer could just hand over the domain name in exchange for the company not pursuing legal action. Tricky though. A very ethical web designer would refuse to register a domain for someone else for just this reason.
I'll bet this happens with some frequency. But it's pretty clueless on the part of both parties. You contract someone to "build you a website" but don't make it clear who owns what in the end? Is the designer providing a service, or delivering a product? Interesting. Keep us posted on how this turns out.
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Did the designer register the domain name for the company? If so (if the designer is the offical contact for that domain) then the company has a BIG problem. Probably the designer could just hand over the domain name in exchange for the company not pursuing legal action. Tricky though. A very ethical web designer would refuse to register a domain for someone else for just this reason.
I'll bet this happens with some frequency. But it's pretty clueless on the part of both parties. You contract someone to "build you a website" but don't make it clear who owns what in the end? Is the designer providing a service, or delivering a product? Interesting. Keep us posted on how this turns out.
- jim 5-04-2002 11:05 pm