Gentlemen, would you like to feed the lawyers? - page 24
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Hello Yuri, my name is Shreibicus, let me take this opportunity to interview you for the magazine "Interesting and Humorous".
Just want to ask - what awaits the article on wikipedia? because now it has lost reference to your work , do you plan to give there a link to this branch ? Thank you.
Yura will be upset.
A new one is going to be written. "Reshetov's Hundred" or something like that.
ps I can't do links the right way. Is my browser old?
And the IP number on the Wiki, whose is it? Yuri seems to be from sunnyvale, but by IP:
Country Ukraine
Region 13 Kyyivs'ka Oblast'
City Kiev
Organization Kyivski Telekomunikatsiyni Merezhi LLC
Provider
Whose IP number is on the Wiki?
And the IP number on the Wiki, whose is it? Yuri's from sunnyland, but the IP:
Country Ukraine
Region 13 Kyyivs'ka Oblast'
City Kiev
Organisation Kyivski Telekomunikatsiyni Merezhi LLC
Provider
You people are weird... I wrote in black and white that I linked to the forum in the article, and then my edit was rolled back.
IP 93.72.133.99 is mine =)
Dear colleagues, you all here (everyone, absolutely everyone, without exception, including Metakvotov and Reshetov) are a bit of a kook. You should read the Civil Code for a start. Although there are some minor nuances about the jurisdiction of the case, but in general the situation is very clear.
The author signed an international contract with the publisher. The author fulfilled his part of the contract, the article is written in Uzbekistan (jurisdiction of the author - Uzbekistan) and published by the publisher in Kazan (or Limassol) (jurisdiction of the defendant) in the domain zone .com, regulated by IANA/ICANN under an agreement with the US Department of Commerce (jurisdiction of the domain - USA, place of publication - the whole world, all countries).
A digression about the payment, which most ordinary lawyers do not know, but the lawyers of most good banks do:
Any payment through a bank these days is a TRANSACTION of the debt through two banks. Under normal circumstances, the publisher should bring a cartload of cash in paper money to the author's place of residence. But of course no one does that, and the publisher instructs his bank to contact the author's bank and ORGANIZE the banks to pay the author's fee to the author 's residence, which is specified at the beginning and end of the contract. How exactly the banks will contact each other through correspondent accounts, what they will have there is of no importance to the author of payment, because in any case, payment from publisher to author will be made by chain of assignment of debt - debt of publisher to author, which arose at the moment of author's obligation to the publisher. And it is the publisher who pays his bank to arrange the payment. This is his part of the performance of the contract.
Any payment through a bank is an assignment of debt in terms of the Civil Code, although even judges do not really bother with it - only because it is done automatically in 99.9% of cases.
There is a peculiarity which is not mentioned in the Civil Code and which is abused by cheeky bankers and collectors. The peculiarity is that the assignment of the debt by the debtor (creditor) in favour of a third party is a common occurrence but SHOULD NOT IMPROVE the position of the debtor or make it difficult for the other party to fulfil the contract. In the case of banks and collectors, the situation is complicated by the fact that under the Civil Code - if one party fails to fulfil its obligations, the other party also has the right not to fulfil them to the required extent.
In our case, everything is simpler - the author has fulfilled his part of the international treaty in full, no one to assign the publisher's debt to the author (for example, a collector). Therefore, it is the publisher's duty to deliver the agreed amount of money in the agreed currency to the AUTHOR. And how publisher will do it, through a bank, post, payment system, or any other way of assignment of his debt - it should not be of interest to the author, IF IT IS NOT OTHER ORDERED in the AGREEMENT.
It is the publisher's duty to deliver the money to the author, just as it was the author's duty to deliver the work to the publisher.
At the end of the contract, the author's location (for postal orders) and just in case, his bank account - to POSSIBLY make it easier for the publisher to enforce the contract.
That's if it's in the normal terms accepted in simple contracts, and especially in international contracts, where it's customary to follow a certain practice. And certainly Metacquotes knows this precisely, as it is a long-distance company.
But if the publisher, for his own internal, non-contractual reasons, is comfortable to pay the author some exotic way: in gold, diamonds, greyhound puppies, with cash delivery to downtown Manhattan at 10-00 on Monday, such condition is an ADDITION to the international copyright treaty, and it must be explicitly and unequivocally ACCEPTED (accepted) by the author (that is, if it is convenient to him).
The publisher has not fulfilled its part of the contract within the stipulated time, so the copyright in the work has NOT TRANSFERED to the publisher, but has reverted to the author. Therefore, the author has the right to forbid publishing the work anywhere.
Additionally, if the author didn't have the work already in existence when the contract was signed, meaning it was made to order, then the author of the published, but unpaid work had the cost of making it, and in court, the publisher will be awarded 90% of such cases of refusal to publish a commissioned work, and the costs of the author will be paid by the publisher. It is common practice.
That's it.
I could write 2-3 more pages on further developments and the intricacies of the jurisdiction of the court handling of this case. They will be mostly not in favour of the Metakwots.
I don't see the point in that.
I can write 2-3 pages on further developments and subtleties of the jurisdiction of the case.
Keep writing, we got bored. By the way, you have not touched on the complexity of the current international situation and the ecological catastrophe of the ozone hole.
You just forgot to mention that by agreeing to the treaty, the author agreed to the payment method, which prevails in the absence of a breach of the law governing the treaty.
In short, write it down.
Tell me, if it is convenient for the author to get money in the bank without a passport, then what?
This is a problem on the author's side. The author can ask for anything he wants, even a cash payment on a full moon on the ISS. The only thing is that they won't make such a contract with him.
The contract was concluded, the method of payment was agreed, it (the method) does not contradict anything. It is too late for that.