Quote:
Originally posted by chodadog
Glad to see the issue ended up getting resolved, but goddamn, i can't believe Donny and this TFCash honestly believe you can just take someone's layout and change the graphics and think there's nothing wrong with that. That is theft. The design is not just the pretty images, it's everything. It's the concept. It's the layout. It's the combination of html that produces that layout. It's blatant theft.
And with the admission that the layout was just taken and reproduced with alternative graphics, if Fletch did want to take legal action, he would have no problems winning that.
I'm glad it got sorted. I just hope the amount you gave him wasn't pennies on the dollar for what he's truly owed.
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I see that ChodaDog is another typical GFY idiot that reacts based on pure emotion, rather than logic and fact.
The facts of the matter are quite simple, Choda. I receive an ICQ from Fletch, while I'm offline, stating he's mad at me but wants to wait to hear from me before taking it to the boards. 2 and a half hours later, when I log on to ICQ and get the message, it's already too late. Fletch's professionalism has been overcome by his raw emotions and he's already posted.
AT NO TIME did I ever intend to do wrong by him. AT NO TIME. BUT I also wanted him to wait until I'd had a chance to talk to my partner so that I could have ALL the facts at hand. Not only did I want to hear what my partner had to say, I also hoped my partner would have a suggested solution. But once again, Fletch could not control pure emotion and act professional. He began to threaten ME with legal action.
Side bar here: **FACTS** show that **I HAD NO IDEA** about the "copies" up until the time they were actually released to the public. But I was being threatened nonetheless. Damn, that really puts a person in the mood to help someone. Doesn't it??
When I told my partner about the situation, he became very angry to learn that Fletch had VERY UNPROFESSIONALLY gone public without hearing from either of us. He needlessly damaged two very good reputations. NEEDLESSLY. NEEDLESSLY. NEEDLESSLY. Both of us are good people. My partner said that if Fletch wanted to behave like this he had no desire to compensate him beyond the intitial purchase (which gave us full rights... see next two paragraphs).
This afternoon I had a paid consultation with a PROFESSIONAL DESIGN FIRM (with clients such as IBM) to get the legalities of this situation, and to inquire about what they thought the proper compensation would be to Fletch. They were briefed on the entire situation.
Guess what? The PROFESSIONALS, who live and breathe design laws, told me that I had no legal requirements to compensate Fletch even a single penny more. My purchase gave me full rights, lock, stock and barrel. I was glad to hear this, because now I knew that any compensation from me to Fletch would come from ME and not from LEGALITIES. I told the consultants that I wanted to compensate Fletch anyway, because he was a friend (at least I thought he was... hell he even had FULL ACCESS to my server with MY PERSONAL PASSWORD - I guess I was wrong). I asked what they felt would be fair. They again let me know that I owed him nothing. Not a thin dime. Then I asked again for a number. They said, fair would be to pay him between $x and $x (numbers are hidden at FLETCH'S request).
I then returned to my office, called Fletch. No answer. I ICQ'd and received a response a few minutes later. I told him what the consultants had recommended. He asked, "So do you want to compensate me?" I said "Yes I do". I then offered the higher of the two numbers thrown out by the consultants. He said "for principle let's make it $x" and threw out a number a little more than 10% higher than my offer. I agreed.
Now, from the reactions on this board I can clearly see the difference between the "professionals" in the adult industry and the true professionals in the mainstream world. It seems adult industry "professionals" work on pure emotion. Sad.
Donovan Phillips did NOT screw Fletch in any way. Donovan Phillips had his very good reputation permanently damaged by an UNPROFESSIONAL act by a designer he THOUGHT was a friend. But, as stated, he was obviously WRONG about the FRIEND part, because FRIENDS DO NOT PUBLICLY SERVE UP EACH OTHER'S REPUTATIONS OVER MISUNDERSTANDINGS WITHOUT WAITING FOR ANSWERS.
To those of you who STILL insist on an EMOTIONAL reaction over a PROFESSIONAL reaction I am sorry for you. Maybe someday you'll grow up.