If i delivered a website to a client and the client decides to do fraudulent activity with the website such as a e-commerce site would i in anyway be held accountable?
this hasn't happened its just a question that was raised in my head :)
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163answers:
7
+2
A:
I do not think so at least in the United States. If they paid you money in good faith that you would deliver an application in good quality and in good spirit, then you are fine.
Its like suing Microsoft for all the piracy because of all the clients running Windows.
DISCLAIMER I am not a lawyer in anyway.
Daniel A. White
2009-05-19 20:15:11
+1
A:
This is a question more appropriate to an attorney. The best a developer can do is guess.
That being said, my guess is that, if you know your work will be used to perpetuate fraud, it wouldn't be unheard of for someone to try to sue you.
Jekke
2009-05-19 20:17:06
+1
A:
There's "liable" and there's "will I be sued and have to spend a fortune on lawyers?"
The first answer is generally "no" unless you were a knowing and willful party to building software that was itself fraudulent (trojan horse, virus, etc.)
The second answer is generally "who knows?" Whether you'll wind up in court is a much, much more difficult thing to ponder.
And the huge cost of litigation means that the mere threat of legal action causes people to do the wrong thing.
S.Lott
2009-05-19 20:18:05
A:
You should really ask a lawyer about this, but I believe the principle of "knowledge of intent" applies here. That is, if you delivered software to your clients with an understanding that they were going to use it for legal purposes in their jurisdiction, I do not believe you can be held responsible for what they choose to do with it; just like if you sell someone rope, you cannot be held responsible if they use it to commit a burglary.
McWafflestix
2009-05-19 20:18:14
i thought u were gona say "you cannot be held responsible if they use it to commit suicide" lol.
2009-05-19 20:21:19
A:
I wouldn't have thought so, unless you knew that was why they wanted it. It'd be like Ford being liable for somebody using one of their cars in a bank job... Ridiculous.
markh44
2009-05-19 20:19:18
+1
A:
Of course, and the guy at the lunch counter who served the programmer who built the website for the client that committed fraud can be held accountable too.
You can sue anyone for any reason, even a bad one.
JohnFx
2009-05-19 20:19:41
And your lawyer will get slapped with fines in the US for doing so. You can't just sue anyone for any reason. Lawyers in the US must have a legitimate case else they can be punished by their respective bar.
Jordan L. Walbesser
2009-05-19 20:22:10
+1, Downvote removed. It is common knowledge that a case can be built from any old garbage, especially in the US.
karim79
2009-05-19 20:46:20
+1 upvote added. People get sued for all kinds of bollocks and get away with it - easy money for them and the lawyers. It's almost criminal!
markh44
2009-05-20 07:14:56
@Jordan: While it is possible for the lawyer to get sanctioned, it is so exceedingly rare as to be irrelevant. The American notion that everyone deserves their day in court vastly outweighs the disdain for nuisance lawsuits. The reason that litigants are so easily pulled into these things is that it really doesn't cost much other than ink to add another defendant to the complaint (meaning the motion).
JohnFx
2009-05-20 15:57:12
+2
A:
What you're looking for is something called an indemnification clause.
This way, if something bad does happen, the clause in your contract for creating the website will prevent you from being sued.
Generally, as long as you or the operator don't have actual knowledge of the fraud being perpetrated, you should be fine.
However, speak with your client about the indemnification clause just in case.
This post is not intended to be construed as legal advice, contact your lawyer with any questions or concerns
Jordan L. Walbesser
2009-05-19 20:19:51