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2 Million Member Records are Now Mine

Discussion in 'BlackHat Lounge' started by farmerjohn, Apr 11, 2016.

  1. farmerjohn

    farmerjohn Newbie

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    A client is out to me for almost $100k in charges and is refusing to pay. According to the terms of our agreement, non-payment results in forfeiture of both web content and data. I'm pretty sure that these are high-value records - some of these are 5+ years old and the membership was active until they got shut down.


    Does anyone have any suggestions on what the next steps might be?
     
  2. GORKA

    GORKA BANNED BANNED

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    get a lawyer, sue the fuck out of him.
    have no mercy, be cold and ruthless.
     
  3. Asif WILSON Khan

    Asif WILSON Khan Executive VIP Jr. VIP

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    How does he owe you $100k?
    Is this a one off payment that is owed or has it accumulated over time?
    If it has accumulated, why haven't you acted sooner?
    What service were you providing him?
    What do you mean by "until they got shut down"?
    If you want real advice you will probably need to share more information. If you want professional advice then consult your lawyer/solicitor.
     
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  4. Ste Fishkin

    Ste Fishkin Jr. VIP Jr. VIP Premium Member

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    Keep the website up, if his business is effectively this website (sounds like it could be some sort of membership website?) then you now own it.

    Keeping it offline will destroy value, keeping it up will at least allow you time to consider the best option before you act rashly and fuck up.

    Put it on flippa, I bet he pays soon enough.
     
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  5. dodoboy

    dodoboy Registered Member

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    remembering from your id
    it is you who play farmer's daughters in about 1970 , right ?
     
  6. blackcodez

    blackcodez Newbie

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    You can't just shut down a site or take the members data, regardless of any contract that you may have with the site owner. Until a court judge decides that the contract is valid and that it is now your "property", the contract is just a piece of scrap paper. Be smart, go through the legal process, and then reap the rewards after. You can also file an injunction that will prevent them was removing any users, shutting down the site, or hurt the site in any way from it's current state.
     
  7. loedown

    loedown Jr. VIP Jr. VIP

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    Lawyer up son...../.
     
  8. Skyebug77

    Skyebug77 Jr. VIP Jr. VIP

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    I disagree. Coding is a form of speech and ownership belongs to the person that made the site, and the rights of property only transfer when the payment for it has been made. But I agree with Asif WILSON Khan.
     
  9. Capo Dei Capi

    Capo Dei Capi BANNED BANNED

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    Coding isn't any more speech than mathematics is.
     
  10. Skyebug77

    Skyebug77 Jr. VIP Jr. VIP

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    Yes it is, at least in the US. Courts have already stated it is protected under the 1st amendment.. the Ninth U.S. Circuit Court of Appeals ruled in 1999 that source code is protected by the First Amendment.

    In that case, Daniel Bernstein, then a doctoral student at Berkeley, designed an encryption code called Snuffle that he wanted to publish and present within the scientific community. The court rejected the government's argument that export of encryption should be limited because it is a tool "used to conceal communications of terrorists, drug smugglers, or others intent on taking hostile action against U.S. facilities, personnel, or security interests."

    In another case, a court declared that a hacker named Eric Corley was protected by the First Amendment when he authored a blog post containing code that could de-encrypt DVDs and enable movie piracy.

    Here is a a ruling by the 6th circuit
    Classifies Computer Source Code as Protected Speech. Junger v. Daley, 209 F.3d 481 (6th Cir. 2000): https://www.jstor.org/stable/1342657?seq=1#page_scan_tab_contents
     
    Last edited: Apr 11, 2016
  11. Capo Dei Capi

    Capo Dei Capi BANNED BANNED

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    But it doesn't automatically give OP the right to take something that isn't his without a ruling on it first. And it doesn't mean that it is really protected by the 1st amendment, since judges rule not by the constitution but by what is in their personal best interest.
     
  12. Skyebug77

    Skyebug77 Jr. VIP Jr. VIP

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    This question will depend if the person already had a site up, how much op modified it, or did he create from scratch, and also what the written contract specifically states per the issue of ownership and transfer of ownership. The OP should def. consult an attorney over the matter.
     
  13. CashMoneyMantra

    CashMoneyMantra Registered Member

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    What's the point of contracts if you have to wait for the government to say you can enforce them?
     
  14. ChanzGrande

    ChanzGrande Elite Member

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    This train has derailed. Contracts are legally valid and enforceable unless and until a court finds otherwise. I'm not sure where the confusion is emanating from within this thread. I imagine it's what happens when laypeople such as myself or others try to interpret the law.

    A contract is a legal agreement between two or more parties in which they "agree" to comply with the written contract. For the most part these types of contracts remain upstanding thanks to the general rule of law and the fact that a lot of people stand by their written words.

    Of course contracts can and do get broken, and when they do ... that is typically when courts are brought in to decide the matter. For clarity, the government does not tell people of the validity of contracts unless and until a dispute arises, which typically does not happen. So for the most part contracts remain a strong means for groups of parties to work together within rigorous confines that make their mutual efforts thrive.

    OP - get an attorney obviously. You are probably going to have to foot the bill on the front of this unless you can find someone to take you on a percentage basis, but that's not really a great way to go with legal representation of this nature. In these respects you do often get what you pay for.