Legal action for failure to renew smallformat?

Forum covering all aspects of small gauge cinematography! This is the main discussion forum.

Moderator: Andreas Wideroe

camera8mm
Posts: 618
Joined: Wed May 21, 2003 6:01 am

Re: Legal action for failure to renew smallformat?

Post by camera8mm »

could smallformat choose a different postal carrier / courrier. I like the magazine but I get it months after the topics are discussed, usually on this board. i'd renew but am reluctant to do so because of this.
User avatar
Juergen
Posts: 680
Joined: Sun Jun 06, 2004 11:56 am
Contact:

Re: Legal action for failure to renew smallformat?

Post by Juergen »

I assume your are living in the USA/Canada. There is only one carrier from Germany to USA. For normal shipping (partly on plane, partly on trucks) they need about 4 weeks. Shipping times have been improved since the last year when about 6 weeks had been the regular case.

You may choose Air Mail shipping on www.smallformat.de (subscription) - shipping time is then about 6-10 days.
http://www.atollmedien.de
the books about all cameras and projectors ever built
Muckymuck
Posts: 477
Joined: Tue Nov 21, 2006 1:01 am

Re: Legal action for failure to renew smallformat?

Post by Muckymuck »

In English contract law, selecting an annual subscription would be an express term of the contract, and there would be no contract and thus no enforceable agreement after the one year had expired. Furthermore, one cannot assume by another party's inaction that they wish a contract to be made or extended.

I do not know German contract law, but I am very surprised given our EU connections that they are not closely related in substance. Does anyone know if German contract law is the same? If not, it could be illegal to carry on a person's subscription beyond the time specified and could leave THEM open to legal action.
Jim Carlile
Posts: 927
Joined: Fri Oct 24, 2003 9:59 pm
Location: Los Angeles

Re: Legal action for failure to renew smallformat?

Post by Jim Carlile »

In the U.S. what happens is that you subscribe for a year, and then about three weeks later begins a long series of panicky renewal notices up to and after the subscription expires. Maybe they send you a few extra issues but I've never heard of a perpetual subscription.

What I'm surprised about is that they didn't send out renewal notices ahead of time.

I think what makes some of us laugh is that the translated English comes off as incredibly autocratic-- it just plays into our stereotype of Prussian bullying, like a bad Hogan's Heroes episode. There's something about German that doesn't translate too well into casual English-- all those imperatives that we don't really have.

But I once asked a German speaking neighbor of mine if this kind of thing were just the result of bad translations or something, and she said, "No, that's the same way they speak German to each other!" Now she was Hungarian and hated hearing the language from her experience in the 30s but it was funny the way she put it.
aj
Senior member
Posts: 3556
Joined: Thu Oct 02, 2003 1:15 pm
Real name: Andre
Location: Netherlands
Contact:

Re: Legal action for failure to renew smallformat?

Post by aj »

Jim Carlile wrote:I think what makes some of us laugh is that the translated English comes off as incredibly autocratic-- it just plays into our stereotype of Prussian bullying, like a bad Hogan's Heroes episode. There's something about German that doesn't translate too well into casual English-- all those imperatives that we don't really have.

But I once asked a German speaking neighbor of mine if this kind of thing were just the result of bad translations or something, and she said, "No, that's the same way they speak German to each other!" Now she was Hungarian and hated hearing the language from her experience in the 30s but it was funny the way she put it.
Please explain what a hungerian should have against german language. Rhetoric!
Hungary was part of the axis and fought against the Sovjet-Union with the germans. After the war they were logically not treated kindly by the sovjets as some 20 million of their people were killed. Maybe you want the interview your neighbour on that matter a bit?

Seems more like your personal ideas which you want to justify with strange anecdotes. Which should pass as humour.

When you subscribe to a magazine you should be aware of the conditions. This is the same sensible behaviour one should have everywhere. It is common in the EU and the rest of the world to have automatic renewal. You get a bill for the next year and your are bound to pay that. Should you not want to further subscribe then you need to write, in time, a note/letter to state this. The same goes for US magazines which are sold here.

The rest about sueing and legal actions is moot and nonsense. It is common business doing. 1000-s of magazines across the world operate this way. good-luck with changing this. :)

BTW wonder how electrity or telephone service contracts are arranged in USA. These are supposedly just cut off :)
Kind regards,

André
User avatar
MovieStuff
Posts: 6135
Joined: Wed May 01, 2002 1:07 am
Real name: Roger Evans
Location: Kerrville, Texas
Contact:

Re: Legal action for failure to renew smallformat?

Post by MovieStuff »

aj wrote: When you subscribe to a magazine you should be aware of the conditions.
Correct.

People should not have to write a letter explaining that they do not want a "lifetime" subscription after they check the box that says clearly and repeatedly say "annual" subscription.
aj wrote:It is common in the EU and the rest of the world to have automatic renewal.
Incorrect.

It may be common in the EU but it is not common in the US, except on porn sites. ;)

Roger
standard8
Posts: 108
Joined: Wed May 23, 2007 2:39 pm
Location: England
Contact:

Re: Legal action for failure to renew smallformat?

Post by standard8 »

aj wrote:It is common in the EU and the rest of the world to have automatic renewal.
This is not true. In the UK the situation is the same as USA, when your subscription to any magazine nears it end you are sent a renewal letter. If you do not respond the subscription lapses automatically and you do not receive any more magazines.

I made the same mistake because this how things work in the UK and did not reply to renewal letter. I then got the legal letter but emailed the publisher and within a couple of days got a credit note so all was well.
Will2
Senior member
Posts: 1983
Joined: Mon Sep 26, 2005 12:18 am
Real name: Will Montgomery
Location: Dallas, TX
Contact:

Re: Legal action for failure to renew smallformat?

Post by Will2 »

BTW wonder how electrity or telephone service contracts are arranged in USA. These are supposedly just cut off
Exactly. Don't pay your bill and they cut it off. Might get 2 months grace period. Then they don't sue you, just make you pay off the past due balance to get it started again. Seems fair. Most people need electricity and figure out some way to pay it.

So, in Europe if you don't pay bills they just keep letting you have it? Wouldn't work over here, after all wasn't it an American who coined the phrase "Trust but verify?" I love that, it's such an oxymoron yet so American. Perhaps your governments get involved and it's a much longer process to cut off utilities... we have regulations but not that the power company has to provide charity.
Jim Carlile
Posts: 927
Joined: Fri Oct 24, 2003 9:59 pm
Location: Los Angeles

Re: Legal action for failure to renew smallformat?

Post by Jim Carlile »

aj wrote:
Please explain what a hungerian should have against german language. Rhetoric!
Well, I wasn't there at the time, but I heard that Germany invaded Hungary in the late 30's uninvited, and then carted off all of their Jews to be gassed a few years later up north. So outside of that, I can't figure out why any Hungarian would dislike the sound of the language they heard ordering them around in the streets when they were kids.
Hungary was part of the axis and fought against the Sovjet-Union with the germans.
Not voluntarily.
Seems more like your personal ideas which you want to justify with strange anecdotes. Which should pass as humour.

When you subscribe to a magazine you should be aware of the conditions. This is the same sensible behaviour one should have everywhere. ...
BTW wonder how electrity or telephone service contracts are arranged in USA. These are supposedly just cut off :)
In the U.S substantial noice is given when utilities are cut off-- some localities as much as 6 months. And they don't send bullying, demanding letters to the customers. They just warn you, and then they do it-- no need to be mean about it.

I think the subscription renewal warning was what we in English call "heavyhanded," and it plays into our stereotypes of German authoritarianism-- that's what makes it funny.

Hmm.....maybe they're not stereotypes......
Post Reply