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Post by Carson Smith on Oct 29, 2005 6:33:55 GMT -5
CARSON SMITH
vs.
REGION OF AUSTRAVA
Guardian Council of Aryez - October 29, 2005
SMITH alleges that AUSTRAVA is using the name that he owns the rights to by virtue of his originally creating it and requests a court order for AUSTRAVA to change its name pending the reorganization of the Lavalonian government.
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Post by Aryeztur Mejorkhor on Oct 29, 2005 8:10:46 GMT -5
The Guardian Council will hear this case. I, Aryeztur, will represent Austrava the Region. In addition, I would like to call upon "Z" as a witness.
The following is my legal opinion. According to Article IX, Secion 1, Point 34 of the Aryezi Constitution, "Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author," therefore Carson Smith has the right to the name of Austrava, and the Empire of Aryez's use of that name is illegal. However, due to the political situation of the time however, while the Empire's use of the name is illegal, the annexation itself was not.
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Post by Aryeztur Mejorkhor on Oct 29, 2005 11:52:23 GMT -5
In this case, the Government of Aryez would annex Austrava and those lands would become crown lands under a different name.
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Post by carson smith on Oct 29, 2005 13:36:09 GMT -5
I move for the recusal of Councilor Mejorkhor as he will be representing the Region of Aryez in this case.
Copyright law leaves the rights to the name of Austrava to me. I allowed Austrava to have the rights when I was a citizen there and it was part of Lavalon, but my opinion was never sought following the annexation of Austrava by Aryez and had my consent been sought I would not have given it.
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Post by carson smith on Oct 29, 2005 13:37:50 GMT -5
I will be testifying against the Region in this case.
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Post by Ardokkhor on Oct 29, 2005 14:14:16 GMT -5
I can't be recussed because I'm the Head of the Guardian Council and we simply don't have enough citizens to fill the post in my absence. However, I will try my best to make a fair and non biased ruling.
I hereby order that the name of Austrava not be used, and that the former province of Austrava be disbanded or else renamed.
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Post by carson smith on Oct 29, 2005 15:37:11 GMT -5
Thank you, Your Honor. My best wishes to the Region and to the Empire.
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Post by bayatrixr on Oct 29, 2005 16:37:06 GMT -5
I hereby command that this trial be dissolved. The region of Austrava will be annexed into Ayrez tomorrow by Letters Patent and an Order prepared by this Guardian Council.
The Case will now be closed and the region shall remain under the name Austrava.
Bayatrix R
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Post by Aryeztur Mejorkhor on Oct 29, 2005 16:43:38 GMT -5
Will all due respect, are you sure this is the right decession your majesty? This might lead to a diplomatic conflict with Lavalon, one of our staunchest allies. In addition, how is it possible to protect Carson Smith's privacy rights with such a decision, although it is noted that he never applied for a patent for that name in Aryez....Finally, while the constitution does not forbid the Emperess to overrule the Cheif Justice, it never gives the soverign the power to do so, so that is something that needs to be debated over legally.
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Post by bayatrixr on Oct 29, 2005 16:45:48 GMT -5
And that debate will take place in the future. But this debate will not take place here and nor shall this case.
The Constitution does not forbid me from taking this action and I am taking this action for the good of Ayrez.
We have more pressing matters to attend to.
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Post by carson smith on Oct 29, 2005 17:29:09 GMT -5
Your Imperial Majesty, While I respect your decision, I must question your motives behind your decree. You say that Aryez has more pressing matters to attend to. However, the case has already been decided, and in accordance with international copyright law! Aryezis, I ask you to question whether your Empress has made this decision because you truly have more pressing matters to attend to, or because she harbors a prejudice toward me. As I said, international and U.S. copyright law is on my side, so you should know that you are violating U.S. law, and although I would most likely choose not to sue you in a U.S. court because of all the trouble that would entail (I don't think any of us want to have to explain to a judge what a micronation is.  ), I could if I wanted to. |
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Post by capelle on Oct 30, 2005 1:03:04 GMT -5
I agree with this, and if there is no reversal I will be checking to see if I have enough money to file a case in a real, macronational court. In fact, this blatant theft will lead me to exercize all legal possibilities I can against Aryez in every way possible because it IS theft, and the reversal of this court decision as well as the overthrow of the Aryezi Constitution made by the Empress is unconstitutional. NOT only this, but it also may be noted that THAT constitution in itself may be illegal if it was not passed as an amendment as the original Aryezi Constitution stated!
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Post by bayatrixr on Oct 30, 2005 13:38:04 GMT -5
Copyright is only in effect if one uses the copyright symbol, with the date of its use and the source of its use. I am quite happy to discuss the future of Austrava with Carson Smith through Private Message but I will not be dictated to.
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Post by capelle on Oct 30, 2005 13:51:19 GMT -5
No it is not, the US law says that the notice is not required, and Copyright is Copyright, it just is basically smart to use it so people know it is not in the public domain. I am sure Carson will talk with you regarding this, but I have researched Copyright law thoroughly to an extent you cannot imagine.
That said, I apologize for threatening lawsuit in macronational terms, that was in the heat of the moment and I retract that statement.
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Post by bayatrixr on Oct 30, 2005 13:54:37 GMT -5
It seems to me that your only purpose in Aryez is to hinder progress Mr Capelle. If it is then know that I will not tolerate those who try and drag this Empire down.
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), I could if I wanted to.