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PostPosted: Sun Jul 10, 2011 1:08 pm 
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Here is a lengthy case first brought by Sony/ATV Music Publishing against Cavs USA & associated orphan labels, mainly NuTech Digital ~ I think it had to do with SCDG's since Magic Tracks is also mentioned ~ It begins in June 2008 & looks to have been dismissed in January 2010.

I have yet to read it all and would like to understand if Sony/ATV got their money hence making these tracks finally licensed by the manufacturer.

Go here: http://tn.findacase.com/ & search for * NuTech Digital * to get the listings.

EDIT: To change link to direct search since links will expire on searches.

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Last edited by Wall Of Sound on Sun Jul 10, 2011 4:55 pm, edited 1 time in total.

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PostPosted: Sun Jul 10, 2011 3:26 pm 
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are you talking about this?

The opinion of the court was delivered by: Judge Echols

Magistrate Judge Bryant

JURY DEMAND AGREED JUDGMENT

Pending before the Court is the Plaintiffs' Unopposed Motion for Entry of Agreed Judgment against Defendants LEE KASPER, Individually and THREE Boys ltd., a Cayman Island Corporation.

It appearing to the Court that the Motion is well-taken, and should be granted, it is, therefore, ordered that the parties' Motion is granted.

Judgment shall enter in favor of the Plaintiffs, SONY/ATV MUSIC PUBLISHING LLC, a Delaware Limited Liability Company d/b/a "SONY/ATV ACUFF-ROSE," d/b/a "SONY/ATV TREE," d/b/a "SONY/ATV CROSS KEYS," d/b/a "SONY/ATV EPIC SOLAR" and d/b/a "SONY/ATV MILENE," SONY/ATV TUNES LLC, a Delaware Limited Liability Company d/b/a "SONY/ATV HARMONY", SONY/ATV SONGS LLC, a Delaware Limited Liability Company d/b/a "SONY/ATV MELODY," SONY/ATV SOUNDS LLC, a Delaware Limited Liability Company d/b/a "SONY/ATV RHYTHM," SONY/ATV DISCOS MUSIC PUBLISHING LLC, a Delaware Limited Liability Company, SONY/ATV LATIN MUSIC PUBLISHING LLC, a Delaware Limited Liability Company, and LOWERY MUSIC COMPANY, INC., a Georgia corporation, and against the Defendants, LEE KASPER, Individually and THREE BOYS LTD., a Cayman Island Corp[oration, in the amount of One Million Dollars and No Cents ($1,000,000.00). As agreed by the parties, post judgment interest shall be added at the agreed upon rate of ten percent (10%) per annum. Defendants have irrevocably and fully waived notice of entry of the Judgment and understands and agrees that violation of the judgment will expose Defendants to all penalties provided by law, including penalties for contempt of Court. Defendants irrevocably and fully waives any and all right to appeal this Judgment, to have it vacated or set aside, to seek or obtain a new trial thereon or otherwise to attack in any way, either directly or collaterally, its validity or enforceability. The Court shall maintain continuing jurisdiction over this action for the purpose of enforcing this final Judgment.

IT IS SO ORDERED.

Honorable Robert Echols United States District Court Judge

Looks like they were supposed to get one million plus.

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PostPosted: Sun Jul 10, 2011 4:10 pm 
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Lone Wolf wrote:
are you talking about this?

The opinion of the court was delivered by: Judge Echols

Magistrate Judge Bryant

JURY DEMAND AGREED JUDGMENT

Pending before the Court is the Plaintiffs' Unopposed Motion for Entry of Agreed Judgment against Defendants LEE KASPER, Individually and THREE Boys ltd., a Cayman Island Corporation.

It appearing to the Court that the Motion is well-taken, and should be granted, it is, therefore, ordered that the parties' Motion is granted.

Judgment shall enter in favor of the Plaintiffs, SONY/ATV MUSIC PUBLISHING LLC, a Delaware Limited Liability Company d/b/a "SONY/ATV ACUFF-ROSE," d/b/a "SONY/ATV TREE," d/b/a "SONY/ATV CROSS KEYS," d/b/a "SONY/ATV EPIC SOLAR" and d/b/a "SONY/ATV MILENE," SONY/ATV TUNES LLC, a Delaware Limited Liability Company d/b/a "SONY/ATV HARMONY", SONY/ATV SONGS LLC, a Delaware Limited Liability Company d/b/a "SONY/ATV MELODY," SONY/ATV SOUNDS LLC, a Delaware Limited Liability Company d/b/a "SONY/ATV RHYTHM," SONY/ATV DISCOS MUSIC PUBLISHING LLC, a Delaware Limited Liability Company, SONY/ATV LATIN MUSIC PUBLISHING LLC, a Delaware Limited Liability Company, and LOWERY MUSIC COMPANY, INC., a Georgia corporation, and against the Defendants, LEE KASPER, Individually and THREE BOYS LTD., a Cayman Island Corp[oration, in the amount of One Million Dollars and No Cents ($1,000,000.00). As agreed by the parties, post judgment interest shall be added at the agreed upon rate of ten percent (10%) per annum. Defendants have irrevocably and fully waived notice of entry of the Judgment and understands and agrees that violation of the judgment will expose Defendants to all penalties provided by law, including penalties for contempt of Court. Defendants irrevocably and fully waives any and all right to appeal this Judgment, to have it vacated or set aside, to seek or obtain a new trial thereon or otherwise to attack in any way, either directly or collaterally, its validity or enforceability. The Court shall maintain continuing jurisdiction over this action for the purpose of enforcing this final Judgment.

IT IS SO ORDERED.

Honorable Robert Echols United States District Court Judge

Looks like they were supposed to get one million plus.


Yes, I saw this. Does this mean anything produced by NuTech Digital has now been settled thus creating license? If so, may we use the product with no concern of having said publisher (SONY/ATV) come & get us?

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PostPosted: Sun Jul 10, 2011 4:40 pm 
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Wall Of Sound wrote:
Here is a lengtkhy case first brought by Sony/ATV Music Publishing against Cavs USA & associated orphan labels, mainly NuTech Digital ~ I think it had to do with SCDG's since Magic Tracks is also mentioned ~ It begins in June 2008 & looks to have been dismissed in January 2010.

I have yet to read it all and would like to understand if Sony/ATV got their money hence making these tracks finally licensed by the manufacturer.

http://tn.findacase.com/research/search ... id=0413533

Then let us know when you are done because your link has expired.
(Are you simply attempting to toss a little mud on CAVs for suing sound choice? )


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PostPosted: Sun Jul 10, 2011 4:52 pm 
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c. staley wrote:
Wall Of Sound wrote:
Here is a lengtkhy case first brought by Sony/ATV Music Publishing against Cavs USA & associated orphan labels, mainly NuTech Digital ~ I think it had to do with SCDG's since Magic Tracks is also mentioned ~ It begins in June 2008 & looks to have been dismissed in January 2010.

I have yet to read it all and would like to understand if Sony/ATV got their money hence making these tracks finally licensed by the manufacturer.

http://tn.findacase.com/research/search ... id=0413533

Then let us know when you are done because your link has expired.


I guess the site does that. I wasn't aware.

Go here: http://tn.findacase.com/ & search for * NuTech Digital *, that will bring them up.

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PostPosted: Sun Jul 10, 2011 6:53 pm 
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Wall Of Sound wrote:
Lone Wolf wrote:
are you talking about this?

The opinion of the court was delivered by: Judge Echols

Magistrate Judge Bryant

JURY DEMAND AGREED JUDGMENT

Pending before the Court is the Plaintiffs' Unopposed Motion for Entry of Agreed Judgment against Defendants LEE KASPER, Individually and THREE Boys ltd., a Cayman Island Corporation.

It appearing to the Court that the Motion is well-taken, and should be granted, it is, therefore, ordered that the parties' Motion is granted.

Judgment shall enter in favor of the Plaintiffs, SONY/ATV MUSIC PUBLISHING LLC, a Delaware Limited Liability Company d/b/a "SONY/ATV ACUFF-ROSE," d/b/a "SONY/ATV TREE," d/b/a "SONY/ATV CROSS KEYS," d/b/a "SONY/ATV EPIC SOLAR" and d/b/a "SONY/ATV MILENE," SONY/ATV TUNES LLC, a Delaware Limited Liability Company d/b/a "SONY/ATV HARMONY", SONY/ATV SONGS LLC, a Delaware Limited Liability Company d/b/a "SONY/ATV MELODY," SONY/ATV SOUNDS LLC, a Delaware Limited Liability Company d/b/a "SONY/ATV RHYTHM," SONY/ATV DISCOS MUSIC PUBLISHING LLC, a Delaware Limited Liability Company, SONY/ATV LATIN MUSIC PUBLISHING LLC, a Delaware Limited Liability Company, and LOWERY MUSIC COMPANY, INC., a Georgia corporation, and against the Defendants, LEE KASPER, Individually and THREE BOYS LTD., a Cayman Island Corporation, in the amount of One Million Dollars and No Cents ($1,000,000.00). As agreed by the parties, post judgment interest shall be added at the agreed upon rate of ten percent (10%) per annum. Defendants have irrevocably and fully waived notice of entry of the Judgment and understands and agrees that violation of the judgment will expose Defendants to all penalties provided by law, including penalties for contempt of Court. Defendants irrevocably and fully waives any and all right to appeal this Judgment, to have it vacated or set aside, to seek or obtain a new trial thereon or otherwise to attack in any way, either directly or collaterally, its validity or enforceability. The Court shall maintain continuing jurisdiction over this action for the purpose of enforcing this final Judgment.

IT IS SO ORDERED.

Honorable Robert Echols United States District Court Judge

Looks like they were supposed to get one million plus.


Yes, I saw this. Does this mean anything produced by NuTech Digital has now been settled thus creating license? If so, may we use the product with no concern of having said publisher (SONY/ATV) come & get us?


That was a summary judgement against the highlighted defendants. Neither NuTech nor CAVS USA were mentioned in this.

By the last document - 18 months later, looks like there was a settlement reached. Again, the pirates get off easy.

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PostPosted: Sun Jul 10, 2011 7:31 pm 
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Moonrider wrote:

That was a summary judgement against the highlighted defendants. Neither NuTech nor CAVS USA were mentioned in this.

By the last document - 18 months later, looks like there was a settlement reached. Again, the pirates get off easy.


That's why I questioned it. I wasn't sure how Lee Kasper was affiliated except as follows:

"Defendant Kasper claims that he cannot be held individually liable because Plaintiffs have not alleged any facts that would support liability against him simply for his role as President of Nutech Digital Inc. and/or founder of Three Boys Ltd."

So he was President of Nutech Digital Inc., but the One Million was paid by Three Boys Ltd.

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PostPosted: Sun Jul 10, 2011 7:55 pm 
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Wall Of Sound wrote:
So he was President of Nutech Digital Inc., but the One Million was paid by Three Boys Ltd.


You don't know if a single cent was ever paid to anyone. Just as you don't know if Chartbuster paid (in full) the 2.7 million dollar judgments against them.


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PostPosted: Mon Jul 11, 2011 12:20 am 
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c. staley wrote:
Wall Of Sound wrote:
So he was President of Nutech Digital Inc., but the One Million was paid by Three Boys Ltd.


You don't know if a single cent was ever paid to anyone. Just as you don't know if Chartbuster paid (in full) the 2.7 million dollar judgments against them.


Well it was dismissed in January 2010.

Plaintiffs' "Notice of Closed Status of Plaintiffs' Claims"

http://tn.findacase.com/research/wfrmDo ... mtn.htm/qx

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PostPosted: Mon Jul 11, 2011 5:47 am 
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:thinkin: I guess this means that Nu Tech is a active company still protecting is trademark and this won't be one the big three manus will be able to buy up.


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PostPosted: Mon Jul 11, 2011 6:24 am 
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The Lone Ranger wrote:
:thinkin: I guess this means that Nu Tech is a active company still protecting is trademark and this won't be one the big three manus will be able to buy up.

You're missing the reality here:
#1. NO manufacturer will be able to enforce a trademark they re-registered from a dead company. It would be like me registering the name "Edsel" and then suing anyone who still owns a car with that name for for using MY trademark on an ugly and unpopular car without my permission.

#2. Good luck trying to enforce the transfer of a trademark -when it was NOT your trademark. I'd love to see that happen. Because there were (and still are) agreements with some of these "dead" companies regarding the transfer of content. Manufacturers today cannot nullify these agreements even if they were to purchase a trademark.


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PostPosted: Tue Jul 12, 2011 4:06 am 
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c. staley wrote:
The Lone Ranger wrote:
:thinkin: I guess this means that Nu Tech is a active company still protecting is trademark and this won't be one the big three manus will be able to buy up.

You're missing the reality here:
#1. NO manufacturer will be able to enforce a trademark they re-registered from a dead company. It would be like me registering the name "Edsel" and then suing anyone who still owns a car with that name for for using MY trademark on an ugly and unpopular car without my permission.

#2. Good luck trying to enforce the transfer of a trademark -when it was NOT your trademark. I'd love to see that happen. Because there were (and still are) agreements with some of these "dead" companies regarding the transfer of content. Manufacturers today cannot nullify these agreements even if they were to purchase a trademark.


:D I really appreciate your input c.staley, and wish you could explain all of this to Kj athena, and DannyG2006, it was not I that floated this bogus scenario, but them. Joe said it was not to rattle anybody's cages, that they just have been miss informed on this subject. The only reason I mention it at all is they won't let go of it. I feel it is right to point out this is bad information, and they should refrain from setting it out.


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PostPosted: Wed Jul 13, 2011 10:50 am 
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Elephant Sale!

http://cgi.ebay.com/ws/eBayISAPI.dll?Vi ... 0781347640

Note: I am not the seller. I just found this way overpriced!

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PostPosted: Wed Jul 13, 2011 12:35 pm 
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Wall Of Sound wrote:
Elephant Sale!

http://cgi.ebay.com/ws/eBayISAPI.dll?Vi ... 0781347640

Note: I am not the seller. I just found this way overpriced!


:biggrinthumb:

"If you're playing a poker game and you look around the table and and can't tell who the sucker is, it's you." --Paul Newman

"It's morally wrong to allow a sucker to keep his money." --W. C. Fields

"There's a sucker born every minute" --P. T. Barnum

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PostPosted: Wed Jul 13, 2011 3:11 pm 
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Here's a story I wasn't aware of. Chuck Berry sued Top Tunes & Madacy Karaoke back in 2005.

http://www.billboard.com/bbcom/news/art ... 1001478035

I couldn't find the lawsuit.

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PostPosted: Wed Jul 13, 2011 3:23 pm 
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Were you aware of this one?

http://dkusa.com/CHB/SCSuit.pdf

Pay close attention to the bottom of page 7, that starts with:
"B. The Defendant's Willfulness"


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PostPosted: Wed Jul 13, 2011 3:25 pm 
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Wall Of Sound wrote:
Elephant Sale!

http://cgi.ebay.com/ws/eBayISAPI.dll?Vi ... 0781347640

Note: I am not the seller. I just found this way overpriced!

This disc can be recreated on a custom sound choice cdg at a small fraction of this guys cost for those that are unaware

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PostPosted: Thu Jul 14, 2011 4:01 pm 
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interesting tidbit from the lawsuit, page 20 part d & e. more for Joe about his CB question, section E says "restrained permanently from infringing" just like in the CB suit, but section D says "restrained permanently from producing, manufacturing, or otherwise exploiting". that one was not in the CB suit, so maybe that is why CB can put those songs out again, they were only told "bad boy, you cant cheat anymore" not that they couldn't make them again the right way. just saw it and thought it interesting.
i now return you to your regularly scheduled elephant dung.

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PostPosted: Thu Jul 14, 2011 5:59 pm 
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Paradigm Karaoke wrote:
i now return you to your regularly scheduled elephant dung.


Quoted in my sig! AWESOME! :hi5: :whistle: :rofl4: :clapper: :banger:

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