This is what happens when you refuse to pay the person who built your computer network [Humor]


What an awesome mom.

[via thebornotaku]

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  • Coyote

    While I wholeheartedly agree that the mom needed payment she had no right to access the network. By logging in and disabling their systems she essentially broke into their plant and disable equipment she didn’t own. I would think she could be charged with extortion and damage to industrial property. Granted she has a case of not being paid but likely that would be small claims court, if she took down a whole comapny and prevented anyone from fixing the network she would liable for much more, possibly felony charges.

  • David Roper

    [@Jeffrey S Wisniewski] Jeffrey, you are the man. Said it all. You are correct in my eyes when you said “Anything you create is yours until somebody pays you for it”.

  • Jeffrey S Wisniewski

    The mom retains ownership of the work until it is paid for. Once paid then it completes the contract between the two parties.

    And everybody I have set networks up for, ALWAYS want me to have full remote access for problems. The service call is not as expensive as physically going to the job-site.

    I have disabled networks and deleted websites before, customer tries to force me to restore them, they always lose until they pay.

    Anything you create is yours until somebody pays you for it.

  • David Roper

    [@cpusrvc] #2 Plumber – I didn’t pay my Plumber once and he came back with a pipe wrench in hand. I found the cash, and tipped him 25%.

    re: Mom the Geek – She took harsh terms, but the office man needed to wake up and Mom didn’t have a pipe wrench to use nor was she big enough. At least she didn’t damage anything that she couldn’t restore. It’s like a time-bomb put into a piece of software. Send me money after you use it for more than a year or it goes away. Done that. Love that better. pffffttt! it’s gone one day.

    And when you send your food back to the cook because you said ugly things about it, please understand it will come back from the kitchen with some special, hidden cook gravy.

  • JMJ

    [@cpusrvc]I never claimed to be, for example, an Ivy League trained attorney. Even if I were one —or a retired judge, for that matter, that would not make my more-or-less anonymous comments on an Internet tech site infallible. That’s one reason there are appellate courts. :-) In any event, you should not rely on such opinions.

    A “mechanics lien” actually becomes one only by judicial intervention but the term is applied loosely (and is enforceable absent judicial intervention) in, for example, the auto-repair fable I created. In other words, even a police officer legally could not force the repairman to surrender my car.

    Like intellectual property, the Super Mom’s services have monetary value and, though not physically recoverable like a water heater, were dispensed. She retains ownership until they are paid for and legally may take reasonable and prudent means to secure her property, including the actions she actually took.

    If you don’t allow the plumber to remove that heater, then be prepared for the possibility of being arrested for theft, depending on where you live. If he has left the premises and, at some later date, you renege on the deal, then, Yes, he still owns it or some part of it.

    Since I offered my two cents of unsolicited opinion, and since you and I have no (maybe?)attorney-client relationship, you have no obligation to pay for it. So, here, take some more:

    As you claim it was written, that clause in your invoices is unrealistic to comply with, totally unenforceable and, frankly, a bit nutty. :-) If you actually paid an attorney to read/write it, get your money back. But, hey! These may just be the ranting of an anonymous, Internet wannabe lawyer.

  • cpusrvc

    What qualifies you to take such an authoritative position? If you’re an attorney, I certainly won’t argue with you.

    A couple of points perhaps you could clear up.:

    1. If the property / services belong to the mom, how does she have a mechanics lien on that which she owns?

    2. If you have a plumber put a new water heater into your house, he has a mechanics lien on that also. Does that entitle him to remove the water heater if you don’t pay for it?

    Feel free to fwd your bill, anyway. You’ve invested valuable time! :-)

  • David Roper

    [@JMJ] Agree, JMJ, and I would have made the Man bring me cash, no check.

  • JMJ

    [@cpusrvc] Absolutely incorrect presumption. This Mom is ENTIRELY within the law… in addition to being my Heroine. She is 100%, absolutely protected by what’s commonly (and legally) referred to as a “mechanics lien”; i.e., until the goods and/or services are paid for, they presumptively belong to her. The term has its origins in British Common Law, from which much of American law is based.

    If take my car to a mechanic who works on it and presents me with a bill (prior agreed or otherwise) which I refuse to pay, then I have no LEGAL right to take the car. At that point, he and I resolve the matter or it ends up in Court. Until an amicable or court-ordered resolution, the car remains with him.

    The tHIEF appears to have paid for the hardware while Super Mom provided (mostly) intangible services. She has the absolute right to prevent tHIEF’s availing himself of those services until they have been paid for.

    Confirm this with your attorney. Once he concurs, I’ll be forwarding MY bill. :-)

  • cpusrvc

    I think its on shaky ground to disable the system for non-payment. Just because you have remote access does not mean you have the right to shut down the system until being paid. If the businessman had any reason whatsoever (which wouldn’t be hard to do) to assert that she is not due the full amount, she could be prosecuted for extortion. That’s why my invoices have terms

    “Customer agrees not to use or benefit from, or have possession of, services or products if invoice is past due.”

    Then you have a leg to stand on.

  • She wouldn’t have needed to inform him personally, so long as the remote access was specified in the maintenance contract. I personally think the lady did exactly the right thing.

  • JMJ

    I L-o-V-e this Mom! I’m going to assume, too, that she was completely upfront with this thug-businessman about remoting in for maintenance & troubleshooting —industry best practice. Besides, parents generally don’t take their Kids along if they are planning crimes, female parents in particular. I only wish she had charged him an additional service fee… for repairing the system HE caused not to work.

    Btw, that plumber is going to get called back. I’ll bet that rap on the pipe only temporarily dislodged the condensed water from a bend/crease in steam-heat system.

  • David Roper

    KM knows the story, it “where” to hit the pipe that counts.

    In the old days, it was the TV repairman who knew what 10c resistor to replace. Same thing.

  • KMHamm

    I had someone I built a business site for say that he wasn’t going to pay me because it “looked so easy to do” when I was doing some tweaking on it in front of him. He said he bet he could do it himself. Then he asked me what software I used. I reached over, shut off the monitor, and explained the time and effort required to learn how, find the right software, etc. Then I escorted him to the door. Following that, I deleted his website entirely. He called later and asked if he could have the “pieces” so he could build one himself. Uh…. NO! He never did (as far as I know) get anything online. I’m sure most of y’all know the one about the $200.25 plumber bill. JIC, here tis. Man buys house. Pipes start to rattle in the middle of the night. Man calls every plumber in the book, finally gets an old fart who come out. Plumber goes all over house, finally takes a tiny hammer out of his bag and hits a small pipe in a crawl space. “Tink! and the place is all quiet. Man is totally happy. Man wants the bill, is aghast when he sees it’s $200.25. Demands to know why, considering that the plumber just hit a small pipe with a tiny hammer. Plumber itemizes it for him. 25 cents to take out the tiny hammer and hit the pipe. $200 to know WHERE to hit the pipe….

  • stephan

    There have been stories like this floating around for ages. I’m glad the lady was talented enough not to be duped. She should have, of course, added her “reasonable collection charges” to the final bill.

  • Ashraf

    [@Omar] I agree with you, although we don’t know that she *didn’t* tell him. In fact, my guess is she probably did; if you read the post above, you will note it says business love the fact that she is able to do that… which implies businesses known about it.

    But you are right — if she didn’t tell him, then she was also dishonest.

  • Omar

    He was not right tring to rip her off , but she was not so honest with him too , she should have told him about the remote logging thing .. in some how this is not legal any way .. he could sue her for that .. she also could sue him for not paying here . ” two wrongs do not make right “