Computer System Hostage

[MSStateDawg]

If administrative access (elevated rights) credentials to my company's computer systems are being withheld by a former third-party contractor which demands a "service fee" to provided them, is this considered extortion on the same or similar level as ransomware? We do have access to the system and data for operations but cannot administer/maintain the system.

The third-party has been fully paid for all work performed and the agreement with them termed naturally. The resource with the third-party was separated from the services being performed for my company due to performance issues. The perception is that withholding the credentials is being done so out of malicious reciprocity.

Thanks in advance for your advice.

 

[adjusterjack]

is this considered extortion on the same or similar level as ransomware?

What difference does it make? Do you think you can get him arrested, prosecuted, and sent to prison for it? Not gonna happen.

This is either a contract or tort (civil wrong) issue.

Either way, if you don't want to pay his fee, sue him.

 

[Zigner]

If administrative access (elevated rights) credentials to my company's computer systems are being withheld by a former third-party contractor which demands a "service fee" to provided them, is this considered extortion on the same or similar level as ransomware? We do have access to the system and data for operations but cannot administer/maintain the system.

The third-party has been fully paid for all work performed and the agreement with them termed naturally. The resource with the third-party was separated from the services being performed for my company due to performance issues. The perception is that withholding the credentials is being done so out of malicious reciprocity.

Thanks in advance for your advice.

It depends on the terms of your contract with the provider. You should take your contract to an attorney for review.

 

[Zigner]

Either way, if you don't want to pay his fee, sue him.

It's possible that, contractually, the provider is in the right here.

 

[adjusterjack]

It's possible that, contractually, the provider is in the right here.

It's possible.

But,

The third-party has been fully paid for all work performed

Of course, there is the usual chance that Dawg is misinterpreting something in the agreement.

 

[Zigner]

It's possible.

But,



Of course, there is the usual chance that Dawg is misinterpreting something in the agreement.

We have fully paid our web developer for all the work he's done developing our website, but he retains administrative control of it, per the contract. There would be an added charge to have that turned over to us.

 

[quincy]

If administrative access (elevated rights) credentials to my company's computer systems are being withheld by a former third-party contractor which demands a "service fee" to provided them, is this considered extortion on the same or similar level as ransomware? We do have access to the system and data for operations but cannot administer/maintain the system.

The third-party has been fully paid for all work performed and the agreement with them termed naturally. The resource with the third-party was separated from the services being performed for my company due to performance issues. The perception is that withholding the credentials is being done so out of malicious reciprocity.

Thanks in advance for your advice.

Who holds the copyrights?

 

[PayrollHRGuy]

Who holds the copyrights?

Probably MicroSoft.

 

[quincy]

Probably MicroSoft.

Computer software is subject to copyright protection. A program’s source code can be copyright protected.

 

[adjusterjack]

We have fully paid our web developer for all the work he's done developing our website, but he retains administrative control of it, per the contract. There would be an added charge to have that turned over to us.

That's your contract for your website.

We don't yet know what Dawg's contract says about that.

 

[quincy]

All agreements would need to be reviewed but it sounds very much like copyrights weren’t transferred properly to MSStateDawg.

 

[Zigner]

That's your contract for your website.

We don't yet know what Dawg's contract says about that.

Yes, I agree. I was using it as an example

 

[quincy]

MSStateDawg, when you answer the other questions could you also answer this one:

How much does the contractor want in the way of a service fee to administer/maintain your company’s computer system?

Regardless of the answers, however, the bottom line advice here probably will be to have all of the contracts personally reviewed by an attorney in your area.

 

[adjusterjack]

Regardless of the answers, however, the bottom line advice here probably will be to have all of the contracts personally reviewed by an attorney in your area.

Or, just pay the fee and be done with it.

 

[quincy]

Or, just pay the fee and be done with it.

Whether that is an attractive alternative or not could depend on the amount of the fee being demanded and if this is to be a one-time fee or a monthly fee.

If copyright ownership is the problem, it could be possible to transfer rights in a written and signed transfer of rights agreement for a negotiated one-time payment.