Comment by Todd on "Can someone who doesn't code still be considered a developer?"

I agree with Jason Knight wholeheartedly. I have a few comments to add involving the non-technical stuff.

In my opinion, this should all be part of the contract. When you create a contract for work with someone, specify exactly what you are looking for! The more specific the better. This does a few things:

If the potential "developer" is planning on doing something like this, they likely will either speak up, try to convince you to change the contract, or just not take the job. Essentially, you would avoid this problem up-front.
If they sign the contract which says (essentially) "You cannot rebrand or use a template," then, they can't do it and if they do, you can now sue them for your money back because they signed a contract saying they couldn't do that.

That's how I would handle it - everything else is subjective and water over the dam... Also, this is probably the only way you could win a lawsuit successfully because as you noticed "developer" is not a protected term meaning that there is no special license or credentials someone needs to call themselves that, unlike a Doctor or Attorney which require special credentials. So instead of relying on the title, rely on the specifics of the job which are clearly spelled out in the contract. Otherwise, get a recommendation from an acclaimed developer so you know you aren't dealing with a dirtbag.

The problem is now that no matter what we say - if you sue one one these guys, their defense will be "Well, I did it to the best of my abilities, I have 50 other happy customers, and this is standard practice." That's a pretty good defense when there's no contractual obligation otherwise.

In my opinion, this should all be part of the contract.

I heartily endorse this comment. I don't do JACK until I have a contract in hand, and if the client is domestic to the US I expect it to be signed and notarized so that it is as legally binding as possible.

For those of you not familiar with them, a "Notary Public" is basically a licensed witness for legal documents. Many companies keep one on staff or on retainer for just such instances. An oath, document, paperwork, or agreement witnessed by a Notary is legally binding in the US.

Such a contract would clearly state the expectations, responsibilities, and duties of BOTH parties. I will not take on a client who won't send me back a contract signed and notarized anymore for any country where notaries are part of the law.

... and I distrust anyone who doesn't operate that same way. Far too many websites are built with even less legal standing (and commensurate protections) than a handshake offers.

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