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PostPosted: Wed Feb 14, 2007 2:54 pm 
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http://www.karaokestar.com/lapharkarsys.html

Here is a link from another thread in this forum.

And like it was said in the other SC/Stellar thread.....
Has ANYONE actualy seen one of these sent to a business?  
Or
Know of anyone that has gotten the threatning letter?
Or
Has contact SC or Stellar and asked them about it?

I think maybe they just tossed it out on the net as a scare tactic to get us all wound up.


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PostPosted: Wed Feb 14, 2007 3:53 pm 
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These are just statements of the policy.  The really threatening letters are the "cease-and-desist" letters they send out to particular venues when they find out they've been having illegal shows.  Even then, if they get such a letter, the only thing the venue would have to do in order to avoid legal troubles is stop having the illegal show.  If they ignore the cease-and-desist letter, that's when they're asking for trouble.

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PostPosted: Wed Feb 14, 2007 3:58 pm 
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Again, I just find it kind of odd that there is only one online retailer even showing this info, why hasn't it been seen anywhere else other than 1 online store that isn't even that known - ok in all fairness, i'd never heard of them until this letter thing?
A couple have claimed to have seen the actual letter (from SC/Stellar) going out to AZ karaoke clubs, but none have put a copy of it (preferably a scanned copy) up for all to see.
Every one of their 'examples' for clubs being shut down or raided are either older cases of clubs having music that they didn't purchase or downloaded illegally or old SPIN/KAPA cases of down & out bootlegging multiple copies for sale or multirigging.

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PostPosted: Wed Feb 14, 2007 4:02 pm 
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http://www.dogandponysound.com/C&D%20letter.doc

Dear _______

As a club owner who either has a karaoke system or employs a karaoke jockey (who has a karaoke system), we would like to take this opportunity to inform you that KAPA (an acronym for Karaoke Anti-Piracy Agency) and its members are stepping up efforts and activities to stop illegal playing of and dealing in karaoke sound recordings.  Our efforts will be directed to both criminal and civil sanctions provided by state and federal laws.  The civil sanctions consist of violations of the Copyright Law and the Digital Millennium Copyright Act, both of which carry penalties of up to One Hundred Fifty Thousand Dollars ($150,000) per violation.  Additionally, criminal penalties of jail time and fines for intentional violations are possible.  As a club owner, you are responsible for any violations by karaoke jockeys who are playing illegal karaoke sound recordings at your club.  Please help us reduce illegal karaoke sound recordings by making certain that your establishment does not support or encourage the playing of illegal karaoke sound recordings by karaoke jockeys or unscrupulous club owners.

We have a toll free number 888-465-5200 as well as a web site (www.karaokeantipiracyagency.com) to provide you with more information.  Copies can be easily identified by the color of the CDG (a gold or silver CD Recordable Disk) with a paper label or no label.  In most cases, illegal CDG labels are of lesser graphic quality printed on home printers.  Original CDG labels are a 4-color paint process, similar to the silk screen process.  Original CDG’s carry the replication plant identification number near the hole of the disk, and carry a bar code holograph.  Illegal copies will carry a blue or green tint on the backside of the disk.


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PostPosted: Wed Feb 14, 2007 4:11 pm 
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Old letter, is it the actual one going out today?

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PostPosted: Wed Feb 14, 2007 4:33 pm 
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Normally a cease and desist letter is issued by a judge or court of law> Some big corps will issue them trying to bully or intimidate citizens or workers. However they are strongly frowned upon by civil liberty groups It would hardly be a successful way to instigate a case towards a certain segment of citizens or workers especially when the the final say would be determined by a federal juge ultimatetly by a  disrict court..  If I or my bar recieved such a letter I would be in contact with the proper authorities Last time I looked we are still in the USA.. With rights With rights...

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Declaratory judgment is common when one party sends another a cease and desist letter. A case or controversy arises when the cease and desist letter places the recipient in "reasonable apprehension" of litigation. Cease and desist letters allow the recipient to file for declaratory judgment in their own jurisdiction, which requires the sender to appear in a distant court, at their own expense.

In determining whether a cease and desist letter creates a "reasonable apprehension" of litigation, courts will look to the totality of the circumstances.

In the patent law context, a court will find a "reasonable apprehension" when a letter expressly charges infringement. However, a cease and desist letter may make "an oblique suggestion of possible infringement" without creating a "reasonable apprehension" of litigation. Letters stating that a particular "use" "appear[] to be covered" by a patent or offering the recipient a license have been held to be merely an "oblique suggestion." Nevertheless, a court may find a "reasonable apprehension" of litigation if there are "additional indicia of the potential for litigation.


referral link link

cease and desist

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PostPosted: Wed Feb 14, 2007 4:58 pm 
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If  I am reading the CEASE & DESIST thingy right, if SC or Stellar sent that out to a venue, it would actualy casue them to have to appear in court where the venue is located of the venue wants to fight it?????????


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PostPosted: Wed Feb 14, 2007 5:07 pm 
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If  I am reading the CEASE & DESIST thingy right, if SC or Stellar sent that out to a venue, it would actualy casue them to have to appear in court where the venue is located of the venue wants to fight it?????????



That is correct If 50 KJ's or bars reacted in this fashion Stellar would have the expense of hiring an attorney in another state in each court appearance..  Plus having to react to to the civil liberties union.. And public reaction and customer relations problems..

Lets get real people...

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PostPosted: Wed Feb 14, 2007 10:50 pm 
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but who's going to RISK that huge fine and six months in jail?

Especially if you read by the letter of the law! Forget trying to honor the spirit... now that SC and Stellar are stepping things up, do you REALLY want to try to take on this huge thing. I'm glad that you guys can be so cavalier about it... for me the scare worked, but what it did was backfire. I quit the business end totally, and they can kiss my butt!


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