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Legal type question - Dispute over 'ownership' of forum?

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Solved Legal type question - Dispute over 'ownership' of forum?

Post by SAEFAdmin on August 17th 2011, 12:02 pm

Hi there,

I signed up for and created my forum completely in MY name.

I have recently split from my husband who is now stating that he is a half owner of the forum and that he is 'prepared' to be a 'silent' partner in the forum, and if I do not agree to that, he wants full admin rights and WILL take things 'further' (in what manner I am not certain - but am assuming he means legally (if that is possible)....

If I try to close down the forum he will take things 'further'

If I delete him or if any moderators delete him as a user on the forum - he will take things 'further'

I have spoken to my lawyer today, and she is of the opinion that he really does not have a leg to stand on, but deferred to you guys as the forum gods!

Am I correct in thinking that:

I signed up for the forum, It is I believe my name that is on everything - he was actually away at the time that I signed up.

The 'input' he has had to the forum, has been as a moderator (was not made a moderator initially, and has been removed as a Moderator after we split and has never had full admin access - only moderator access) and he is correct in that 'he' put some money into it - ie: WE put money into it - we paid for the domain name, ad free etc that goes with having an ad free forum.

We have NO 'income' from the forum - any money that comes in from 'advertising' and 'sponsorship' goes into rings at horse shows for the Forum members and it is completely non profit.

There have been a number of members of the forum who have donated prizes for the classes at shows, prizes for competitions on the forum itself, money to help with running the rings at horse shows etc.... but NO money has been donated to him or myself directly - it has ALL been forum related, and a grand total we are talking about is well under $3000 over the last three years in what we have put in (personally we have possibly spent about $1000 tops - mostly on show sponsorship and prizes, the forum costs themselves are obviously very little).

Can you advise on what course of action I need to take in order to protect the forum from him trying to make a claim? And does he have a leg to stand on realistically? Or is he all bluff?

He has previously been banned off a number of forums across the country, and has upset a lot of people with his manner and as Forum Admin and also having been married to him - I was in a difficult position a lot of time as far as being able to moderate his comments.

Our forum rules are clearly stated, and it has been brought to the attention of ALL members that they are to adhere to them no matter WHO they are or they will get the boot.

If he DOES get the boot at any stage it will be purely for breaking forum rules and not for 'personal' reasons.

Any advice would be great Smile Thanks in advance! Smile

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Solved Re: Legal type question - Dispute over 'ownership' of forum?

Post by Darren1 on August 17th 2011, 12:30 pm

G'Day Very Happy

Sorry to hear about the unfortunate circumstances.

Well basically, you created the forum, you control it, and you can ban and delete his account off your forum, assuming you are the founder, which you are according to your first paragraph.

The forum is "owned" by ForuMotion, (I can tell you more details if your lawyer needs to get involved), however, ForuMotion allows you to "own and run it" on your own, ofcause without any limitation, or ForuMotion attempting to "control" you/your forum.
The only time FM will access your forum is to either confirm a bug, or confirm a litigation report.

Basically, if you founded it, even if he was present, and has access to the founding account, as you created it and have not as yet passed the legally bound 'contract' like agreement with the company, he does not have any ground to stand on.

Let him waste all the money he has, he has no grounds. Smile


Regards,
Darren.
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Solved Re: Legal type question - Dispute over 'ownership' of forum?

Post by Tibbil on August 17th 2011, 12:33 pm

must be whoever made the forum who owns is

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Solved Re: Legal type question - Dispute over 'ownership' of forum?

Post by SAEFAdmin on August 17th 2011, 1:22 pm

My goodness you have no idea how much of a relief that is!! THANKYOU....

Any further information that you can provide would be greatly appreciated - I am sure at some point someone else will have a question just like this one, so I am guessing if info is posted in here or links to, then other members of this forum will be greatly appreiciative as I am right now Smile

THANKYOU!!!



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Solved Re: Legal type question - Dispute over 'ownership' of forum?

Post by Darren1 on August 17th 2011, 2:30 pm

Your welcome Smile

If you have any more issues, the forums here at someone's always able to help Very Happy
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Solved Re: Legal type question - Dispute over 'ownership' of forum?

Post by Sanket on August 17th 2011, 3:49 pm

Since this thread appears to be solved, I will lock this thread and mark it as solved.


Sanket Smile

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