I've just had my intellectual property stolen on a job platform | Hacker News Reader

I've just had my intellectual property stolen on a job platform

2 pointsjwmoz6 comments

I recently tried to use a work platform (Fiverr) for the first time to monetise some of my valuable hard work. In this case it is closed-source code.

I gave a description of the product which specified "source code".

Once the order was made I transferred the information and the source code to the buyer.

The buyer then rejected the delivery and kept escalating the scope of the product. This continued and essentially became an argument. I contacted the CS and they have said they can not force a buyer to accept the order.

I find this absolutely disgraceful. I have been exploited by their system and the buyer. I handed over my work, my intellectual property, the code, and fulfilled the product as to the description.

Has anyone experienced this before? Is there anyway I can get the money I am owed? The buyer has received the product for free.

With this method anyone could potentially exploit an intellectual property product such as code, writing, images and design etc-just order and receive the IP then reject delivery. I was the buyer on the other side of this transaction with someone in the past and had no issues-I paid for the IP and accepted the order.

As the deal has been made and fulfilled is there any legal action I can take to secure my payment?

Their terms state:

"- All transfer and assignment of intellectual property to the Buyer shall be subject to full payment and the delivery may not be used if payment is canceled for any reason."

"Delivery may not be used if payment is cancelled for any reason" — the (not) buyer is not allowed to use the code.

maybe try contacting Fiverr support on Twitter?

Otherwise, if you're in the US, I'd try small claims court if it's under the $ threshold

Already done. I actually can't believe what they are saying.

Them:

"Hey again!

While I do understand your situation, as mentioned below, I cannot manually complete the order on either the seller's or the buyer's behalf. The order can be only finalized if the buyer accepts the delivery or if they do not take any action with it within 3 days of receiving it.

That being said, the only thing I can currently advise is that you both continue communicating further as, in my experience, communication is always the key to successfully resolving any issue.

As for the cancelation, as per our guidelines, users are not allowed to use any of the provided work unless the order has been marked as completed. Only once the order is marked as completed, the rights are transferred to the buyer.

If the order does get canceled and you do see them using it, please do get back to us so that we could look into further assisting you with that. In such a case, you can also file a third-party DMCA claim with the relevant third party.

To read more about Fiverr's Intellectual Property Claims, I've linked you with a handy article that you can access by clicking HERE.

Also, please note that we currently only provide assistance via tickets.

Do let me know if there's anything else you need help with and I'll get back to you as soon as possible.

All the best,"

So for "As for the cancelation, as per our guidelines, users are not allowed to use any of the provided work unless the order has been marked as completed. Only once the order is marked as completed, the rights are transferred to the buyer. "

The IP was transferred, they have it (or have stolen it), they can use it how they want, this statement is meaningless.

And "If the order does get canceled and you do see them using it, please do get back to us so that we could look into further assisting you with that. In such a case, you can also file a third-party DMCA claim with the relevant third party."

Again, completely meaningless, they can do what they want with it there is no way for anyone to know they are using the source code, they have it already.

ANY IP can be stolen following this method.

I am a UK citizen with regards to legal action.

Their terms clearly state once transferred payment is due.

> The IP was transferred,

No, it wasn’t.

The subject of the IP was transferred. IP is the set of rights, not the thing to which the rights apply. The purchaser has seen the source code, but has no rights to it whatsoever.

> they can do what they want with it there is no way for anyone to know they are using the source code, they have it already.

Yes, enforcing IP rights is hard, and if your only plan is secrecy then using a platform that transfers the subject of IP rights before payment, or at least an irrevocable and enforceable contract, is in place, is a poor choice.

> Their terms clearly state once transferred payment is due.

You seem to have a dispute with them as to whether cancellation is allowed at the point where it occurred. At this point your only realistic option for resolving that dispute is to get a lawyer, provide them all the available documentation, and find out if you can pursue legal action.

The CS closed the order and refunded the buyer.

The buyer stole the source code for free.

Any IP on Fiverr can be stolen using this method.

Fiverr have now closed my account so I can no longer log in, raise issues, complain.

IP was stolen and now have been silenced.

They owe me payment for the IP that was sold and transferred.

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