Ben, Nick has the right idea about ownership. Even if this gal was contractor, she has duties to her client. It seems that she acted as an agent. Bottom line: the company can get take this domain back or even use legal action if necessary. Small claims court might be the best approach (assuming both parties are local).
As to running and hiding, that's for cowards. Do the right thing once that become clear. This is not your fight, however. Let them take the actions and make the demands. If you're the one in a position to reassign it back to the organization, just require that they protect you from any legal action before you do anything. In the meantime, you might suggest that the organization demands the you ice the domain so this gal can't move it out of the country or into unfriendly hands. Best, Loren "Nick Svab" <[EMAIL PROTECTED]> wrote: > Ben: > > Ownership of domains & design/code are 2 completely different things. > Design of the site depends on the contract (assuming there is one) between > your customer & the organization. If your customer was an employee & built > the site while employed & this was part of her duties, the site files are > most likely the property of the employer & your client should worry about > legal repercussions. > > As for the domain names - they belong to the organization that paid for > them. If your customer purchased them while employed on behalf of the > organization, then she should worry about some serious legal repercussions. > Furthermore, if I were you, I would have my name completely removed as tech > contact & detach myself from this situation as quickly as possible. You > don't want to be named in a lawsuit, even if you are not responsible for any > of this, you may find yourself paying a hefty legal bill to defend yourself. > > If you have no prior involvement in this matter, then steer clear of this > mess. > > Regards, > > Nick M. Svab > DANIMA Technologies Inc. > www.danima.com > > ----- Original Message ----- > From: "Ben Kennedy" <[EMAIL PROTECTED]> > To: "OpenSRS lists" <[EMAIL PROTECTED]> > Sent: Monday, May 31, 2004 4:21 PM > Subject: Domain name dispute... > > > Hi all, > > A customer of mine (a private individual) has just transferred in a bunch > of domains. Two of these are .com and .org variants of the name of a > Canadian charitable organization. > > I received a call this afternoon from the president of this organization, > disputing the ownership of the domains. Apparently, the individual > registered the names and designed the web site some time ago while she > was employed at the organization, but has subsequently left. Now, she is > refusing to hand control of the domains to the organization, apparently > citing the design and content as her own work product to which the > organization does not have rights. > > According to the organization's president, there is some incorrect and > outdated or misleading information being displayed on these web sites, > though they essentially continue to portray the organization in question. > The organization proper would like to assume control of the domains. > > The president phoned my office, as I am now listed as tech contact > (following the transfer) as well as the RSP for the domains. He was > seeking advice on how to proceed. > > All I have done so far is point him to the UDRP. This is the first I > have ever had to deal with domain disputes, though, and I am somewhat at > a loss as to what role I can or should be playing in this situation. > > Can anyone provide me some pointers on how to handle this? > > thanks, > > -ben > > -- > Ben Kennedy, chief magician > zygoat creative technical services > 613-228-3392 | 1-866-466-4628 > http://www.zygoat.ca >
