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MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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My company (in Texas) contracted a web developer to build a

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My company (in Texas) contracted a web developer to build a website. He was unable to finish the website by the deadline and even past the deadline. We asked to discontinue the relationship so we could find someone else to build it. Developer then posted copyrighted material, that users were going to pay for, on the home page in an attempt to get more money from us to take down the website. We have no idea how many people downloaded the material within the time he posted it on the home page.

We want to sue for: Breach of contract for failure to perform, extortion for the home page debacle and copyright infringement allowing the free download of materials that we were planning to charge for. Are the charges right? or what can we charge him with?
Thank you for the post, I am happy to assist you by answering your questions. You are correct in listing the claims of recovery, in addition you can claim tortious interference with business opportunity seeking the projected lost profits from the sale of the materials he made available for free.Please let me know if you need additional guidance or have any follow up questions.
Customer: replied 4 years ago.
How would we go about projecting lost profits when we have no history of how many people downloaded the material or visited the website? It was up for over a week. Is this something we would let the judge decide if he was presented with all the information?
you do not have web analytics software to show the number of downloads?
Customer: replied 4 years ago.
We were supposed to, but that was one of many things the web developer was unable to perform. Please advise
ok, the value of the lost revenue would be based on projections from current and past website visits.
Customer: replied 4 years ago.
It is a brand new website. We have no past data to base any projections off of.
ok, then the judge or jury would assess the proper level of damages.
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