Was my trust misplaced?
by Dom Morrison · in General Discussion · 03/15/2008 (6:45 am) · 14 replies
Hi all, last year July I did alot of work for James Laker and his Solar Battles game (http://www.garagegames.com/my/home/view.profile.php?qid=33060). Overall I did 48 LoD models, 10 Asteroid models textured, normal mapped and everything and 4 planet models which were textured aswell (and i've seen recent videos hes made of Solar Battles and he HAS used all the models i made). He offerered me $300 for all that and i thought why not he seemed like a nice guy, and well after I handed him all the stuff I havent heard from him since. I've sent him numerous emails and such asking what he's playing at but no replies, hes been logging onto this site, youtube ect ect very recently. So its not like he's not around.
Sooo thats it pretty much, anything I can do?
Sooo thats it pretty much, anything I can do?
#2
03/15/2008 (8:10 am)
I understand Micheal, I was hoping actually if anyone could reply who has recently spoken to James so they can ask him a few questions for me, as he may be ignoring me. 
#3
All I can say is "Good luck."
03/15/2008 (8:17 am)
Really can't help you in that part Dominic. Last thing I'm ever willing to do is step in to the middle of a sour business arrangement or civil discourse. I'm too stressed out with my own stuff. Finding someone else to do so will probably be as difficult as contacting the individual yourself, especially now that you've publicly announced it.All I can say is "Good luck."
#4
03/15/2008 (8:21 am)
Alright then. Guess i'll just have to move on from it then. Thanks away =] 
#5
Failing that, I'd assume (but since I'm not a lawyer, don't take my word for it) that if you did not have a contract between yourself and James, then you never assigned him rights to use your models and in doing so he'd be breaching copyright law. So you may still have legal recourse to at least stop the models been used even if you can't get paid for your work.
It would be in James future interest to get you/others to sign work for higher agreements so that he can prove he has the right to use the 3rd party models. It would likewise be in your/others interests to ensure any such agreements explicitly state that the models cannot be used until payment has been made in full.
I'm not aware of the laws in other countries, and don't pretend to understand UK laws all that well ;) so don't take what i say as totally accurate without getting it checked out by a lawyer :)
The other option is to write it off as a bad debtor, but I'd still investigate whether you can stop the models been used.
03/15/2008 (8:30 am)
First off I'd try to contact James by phone, see if you can track down his contact details and just have a chat. You never know it may just be a misunderstanding.Failing that, I'd assume (but since I'm not a lawyer, don't take my word for it) that if you did not have a contract between yourself and James, then you never assigned him rights to use your models and in doing so he'd be breaching copyright law. So you may still have legal recourse to at least stop the models been used even if you can't get paid for your work.
It would be in James future interest to get you/others to sign work for higher agreements so that he can prove he has the right to use the 3rd party models. It would likewise be in your/others interests to ensure any such agreements explicitly state that the models cannot be used until payment has been made in full.
I'm not aware of the laws in other countries, and don't pretend to understand UK laws all that well ;) so don't take what i say as totally accurate without getting it checked out by a lawyer :)
The other option is to write it off as a bad debtor, but I'd still investigate whether you can stop the models been used.
#6
I dont care much about him using the models anymore to be honest, i'd be happy with an explanation and an apology.
Thanks for the info though Gary =]
03/15/2008 (8:35 am)
Well I have his phone number, work email, personal email ect ect but never get replies from his emails and everytime i phone him it goes to the answer phone. I dont care much about him using the models anymore to be honest, i'd be happy with an explanation and an apology.
Thanks for the info though Gary =]
#7
As for me, I'd like to see both parties present their case or take it entirely offline. Then again, I also grow weary of the sheer volume of crap people try to sell here.
03/15/2008 (8:36 am)
A verbal contract is legal in most states, but from a practical perspective is hard for a court to fairly arbitrate. As a result, many courts will declare forum non conveniens and recommend settling it another way. It's likely that since this was an online agreement, you would have some written records in the form of instant messages and emails. Offsetting that, you would still have issues of enforcement if this is an interstate matter.As for me, I'd like to see both parties present their case or take it entirely offline. Then again, I also grow weary of the sheer volume of crap people try to sell here.
#8
I don't know what you are expecting - and what was agreed between you.
If it was a single deal, you offered your work for $300 and cannot claim for more now.
The game is still under progress and James has certainly not earned anything from it yet.
03/15/2008 (9:58 am)
@Dom: James is a nice guy.I don't know what you are expecting - and what was agreed between you.
If it was a single deal, you offered your work for $300 and cannot claim for more now.
The game is still under progress and James has certainly not earned anything from it yet.
#9
If anyone could help me get in contact with him it'd be much appreciated.
BTW I havent been paid ANY of the money i was supposed to get.
03/15/2008 (10:02 am)
Stephan i think you misunderstan, I'm not asking for more. I did all those assets for him and he offered me $300 when I had completed it all. I talked with him for around 2 months while I did the work and he seemed like a very nice guy. What's annoying me is that it's not been 9 months of me trying to get hold of him and he refuses to reply. He didn't seem like the kind of guy who would just take the models and fuck off but honestly, that's what he's done. If anyone could help me get in contact with him it'd be much appreciated.
BTW I havent been paid ANY of the money i was supposed to get.
#10
Sorry to hear about this. All I can tell you is that I've done work for James before and he's come trough with payment prior to receiving any assets. So as far as I can tell he's trustworthy. I've pinged him about this thread, but I can't do more than that.
I would take this as a very good lession. Don't ever let away your hard work without receiving at least a bit of what you're asking for it, or send it away as pictures and clips. This is unless you have signed legal papers.
Good luck
03/15/2008 (10:43 am)
Hi Dom,Sorry to hear about this. All I can tell you is that I've done work for James before and he's come trough with payment prior to receiving any assets. So as far as I can tell he's trustworthy. I've pinged him about this thread, but I can't do more than that.
I would take this as a very good lession. Don't ever let away your hard work without receiving at least a bit of what you're asking for it, or send it away as pictures and clips. This is unless you have signed legal papers.
Good luck
#11
Sorry for only seeing this now (thanx Stefan). I have made the payment into the Paypal account as agreed quite a while back.
Please have a look in your account. I do have the receipt and bank statements proving this. I've honestly not seen your mails, so I didnt ignore them, have you replied to my microsoft email address? (v-jamela@microsoft.com).
Please go have a look in your Paypal account, or if it makes you feel better I'm on MSN (as we've always communicated). I'm not ignoring anyone, and wont screw anyone around. This is just a miscommunication of some sort.
Later
James
03/15/2008 (11:33 am)
Hi Dom,Sorry for only seeing this now (thanx Stefan). I have made the payment into the Paypal account as agreed quite a while back.
Please have a look in your account. I do have the receipt and bank statements proving this. I've honestly not seen your mails, so I didnt ignore them, have you replied to my microsoft email address? (v-jamela@microsoft.com).
Please go have a look in your Paypal account, or if it makes you feel better I'm on MSN (as we've always communicated). I'm not ignoring anyone, and wont screw anyone around. This is just a miscommunication of some sort.
Later
James
#12
*edit* just checked my paypal and theres nothing there???
03/15/2008 (11:35 am)
Hey James, good to hear from you =] well you're not online on Msn for me?? Sorry for causing such a scene about this whole thing, i hope you understand why I have though, its been 9 months ;P Sorry about this. Seems i'm the one in the wrong.*edit* just checked my paypal and theres nothing there???
#13
03/15/2008 (12:30 pm)
That's because if after 30 days you do not claim your payment, it will be refunded to the sender. (At least if the payment was sent using credit/debit as the source funds) 
#14
As James appears to be available now, you should once again take this up offline with him in person however, please let us know if you are unable to come to a satisfactory arrangement as this will serve as a warning beacon to anyone else doing (or thinking of doing) a pay commission for this guy.
@James
It would be well to remember that you are only as good as your last appearance as it were.
Things to clarify would be:
1. Is the paypal address you paid actually the one that belongs to Dom?
2. Have you mixed up a payment you made to someone else with the one destined for Dom?
Other than this I can only say that it is in your best interests to get this cleared up as soon as possible. If Dom has indeed not been paid, then you are actually in breach of contract and Dom is fully entitled to demand removal of all assets created by him until the dispute is settled.
Hopefully you guys sort things out.
03/15/2008 (12:32 pm)
@DomAs James appears to be available now, you should once again take this up offline with him in person however, please let us know if you are unable to come to a satisfactory arrangement as this will serve as a warning beacon to anyone else doing (or thinking of doing) a pay commission for this guy.
@James
It would be well to remember that you are only as good as your last appearance as it were.
Things to clarify would be:
1. Is the paypal address you paid actually the one that belongs to Dom?
2. Have you mixed up a payment you made to someone else with the one destined for Dom?
Other than this I can only say that it is in your best interests to get this cleared up as soon as possible. If Dom has indeed not been paid, then you are actually in breach of contract and Dom is fully entitled to demand removal of all assets created by him until the dispute is settled.
Hopefully you guys sort things out.
Employee Michael Perry
GarageGames
I do not know your situation, because I'm not involved and will not make assumptions about you or James. This is all general advice.
Taking this kind of thing public cannot help you. If you've been ignored in private discussion, taking this public could result in:
best case scenario: You are still ignored
worst case scenario: An ugly, public argument spills over into these forums.
If you had a contract, enforce it using the proper civil and legals means. If there is no contract and no paper trail, you are limited in what you can do. If the latter is the case, in the future, *ALWAYS* formulate some kind of contract if you do not have a long standing relationship with the person providing the funds.
I still take on work without having an immediate contract or check in my face, but only when I really, really trust the company.