Can one tourist be taken to Thai court by another tourist?

[CHRISTIANa9]

To be fair, I was very very very angry when all this went down, so I think I really scared him when I threatened legal action (even while I was uncertain of my own abilitiy to see it through). I tried to settle with him but he said he'll pay me in the future once the site makes money. You can understand why I don't believe him.

I also said we could both just walk away if he will take down the site now, but he won't do that either because he said he needs the traffic and momentum we've gained to make money in the future.

Thus, we are at this point now...

So in fact this project was created for the purposes of becoming a profit making scene, a business.

Under Thai law, any foreign run online businesses, whether they make a profit or not, the owners and managers of the site are imposed to apply for work permits if the website is operated within Thailand, regardless of where in the world the server, domain or host is located or from where the profits come from.

This means that you and your so-called partner are considered as working illegally in Thailand if you are both on tourist visas and do not have the prescribed work permits and permissions to operate this online business in Thailand.

.

Is it really that simple to have a work permit? Just setup a website and operate in Thailand ?

[puukao]

do nothing. UNTIL this website makes money. then get a "cease-and-desist" order and go after monetary damages. keep all emails, code, etc. and even create fake yahoo emails and send him questions that can be used against him in court later. this is war.

[btwretail]

Since you are officially both tourists - and do not own assets in this country, I can not see how any business disputes can be solved in Thailand.

What does it state in your business agreement? Was it a Thai-company before? If everything is unrelated to Thailand, then I can not see any problem.

Are you a lawyer or do you have advanced specific knowledge of Thai law?

If there is no contract, no company, no income and only a website, then who can prove anything?

No, I am not a lawyer, but I have lots of experience (also from similar cases) and in this case, I would not be worried at all. It is just one partners word agains the other and nothing else.

[Saradoc1972]

As to holding people in the country - this has been done many times by hoteliers stopping non-paying tourists leaving - so with the right "fees" and the right telephone numbers I guess he could do it. The real question is how would this benefit him?

That might be a different case as it might constitute fraud checking into a hotel without intend to pay, i.e. it's mixed up with criminal law here. Whether it's still fraud if you intended to pay and only ran out of money later is again a different story, but as things work in LOS you might be right about the right fees and contacts. Benefit might be a lot of pressure for an "amicable settlement"; most people don't react well to being detained by the police.

[Saradoc1972]

If there is no contract, no company, no income and only a website, then who can prove anything?

No, I am not a lawyer, but I have lots of experience (also from similar cases) and in this case, I would not be worried at all. It is just one partners word agains the other and nothing else.

I'll call this the non-lawyer practical approach. The onus of proof is always on the claimant to the point where he can satisfy the court with enough facts that in themselves may not be conclusive that this should be reversed. It will depend on circumstantial proof like clients or who registered the website and possibly correspondence. As I wrote there is actually a contract and a company, as to whether a Thai court will bother with some quarreling foreigners on that basis I cannot say.

[wolf5370]

To be fair, I was very very very angry when all this went down, so I think I really scared him when I threatened legal action (even while I was uncertain of my own abilitiy to see it through). I tried to settle with him but he said he'll pay me in the future once the site makes money. You can understand why I don't believe him.

I also said we could both just walk away if he will take down the site now, but he won't do that either because he said he needs the traffic and momentum we've gained to make money in the future.

Thus, we are at this point now...

So in fact this project was created for the purposes of becoming a profit making scene, a business.

Under Thai law, any foreign run online businesses, whether they make a profit or not, the owners and managers of the site are imposed to apply for work permits if the website is operated within Thailand, regardless of where in the world the server, domain or host is located or from where the profits come from.

This means that you and your so-called partner are considered as working illegally in Thailand if you are both on tourist visas and do not have the prescribed work permits and permissions to operate this online business in Thailand.

.

Is it really that simple to have a work permit? Just setup a website and operate in Thailand ?

No of course not - a company with the correct amount of paid up capital and Thai employees and Thai share holders (Amity accepted) bla bla bla - would also be needed - but that is not really relevant to his point, the point being that to operate here legally one needs a work permit (to just own it though, one does not!). The point about WPs is not really that relevant to the OP anyway, it will make no difference to tort claims - and either would be silly to report the other to immigration as they would be in exactly the same boat.

[Saradoc1972]

Is it really that simple to have a work permit? Just setup a website and operate in Thailand ?

No it's just simple to work in Thailand setting up a webpage. Doesn't have to do with doing it legally by virtue of having a work permit. Getting that business visa and the work permit (two different things) would entail setting up a company with a 51% Thai majority, employing 4 Thais, and only then you can you employ yourself and have the company pay you income.

[NeverSure]

Just for me, I wouldn't answer any more questions or give any more advice to the OP until he answers the core question which has been asked so many times.

"Who is the registered owner of the domain name?"

[roamer]

Just for me, I wouldn't answer any more questions or give any more advice to the OP until he answers the core question which has been asked so many times.

"Who is the registered owner of the domain name?"

Surely the fact that he has evaded/prevaricated on that point gives us the answer ?