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Comment by jey | Hacker News Reader

That sucks. Can you share more about this purported exception to the rule?

My experience was not with user rapacity but with partner rapacity. I have always found good will towards users pays back 10 fold. Partners on the other hand are much trickier.

For me it was around what I thought was a carefully crafted contract. Long story by my partner seized all of the IP, than said "sue me". It was specifically prohibited in the contract, but I was not in a position at the time to spend a LOT of money fighting a team of lawyers.

Unfortunately what my team had made look easy was beyond the capabilities of the team he hired to replace us. So the product floundered.

In the future consider a fee-shifting provision in your contracts (meaning loser pays legal costs). If your case was as clear-cut as you say, it would have enabled you to fight it. It might also have dissuaded your partner from trying to do this to you if they knew they were in the wrong and would have had to pay the costs.

Binding arbitration is a real, real smart move if you don't plan to fuck anybody.

Binding arbitration is also the safest way to screw people since arbiters tend to be far more easy to corrupt and there has been a long history of harmful rulings in the space in the US. The problem is the side with power gets to pick the list of arbiters and the arbiters know this and act accordingly. The times broke a story on some of this covering some of the worst rulings and issues a while back.

Could you not agree specific arbitration up front or a legal firm who should appoint an arbitrator on your behalf?

If you were wise enough.

Arbitration is a complex question, but a separate one. I was responding to the parent's concerns about costs. A fee-shifting provision can also be used in arbitration if the parties desire.

It's a pretty decent way out of the whole "I'm rich, and I will destroy you with lawyer bills irrespective of the right or wrong of the situation" loophole. Any time you spin the wheel of fortune, bad things can and often do happen, but for these sorts of flagrant violations, where you're an honest dealer and they're not, it's probably the least worst scenario. I know whereof I speak here, but obviously can't share details.

Off topic, but are you the BatFastard in Generals.io, by chance?

I am indeed. Whom are you?

Ha, small world indeed. I mostly play as an Anon, after losing my last account (can't even recall the username).

I think you've bested me a fair few times. :)

It's an insanely fun, intense few minutes. Get a name! Not enough socialization in the game.

It's a small world eh

Mesh networks.

That was a minor detail ;-)

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