Karaoke Forums

why?
not a snippy why, but i cant think of why it needs tyo be sealed and possibly never unsealed?

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Paradigm Karaoke, The New Standard.......Shift Happens

That link is to a used machine and we don't know what the song list is. Is it the original song list from CAVs or has the person added to it. Remember if you buy a CAVs, you buy the machine, then you buy the music from them. CB has stated they have an agreement with CAVs for their stuff but I don't know who the other manufacturers are or what the quality is..

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You can be strange but not a stranger

The simple answer is that the statutory procedure we use to go after HD sellers requires that the case be sealed for the protection of the parties. Speaking generally, and not about our specific cases, the kind of accusation that is made against a defendant in this type of case is potentially very damaging. There is a long list of things we have to show in order to be able to file the case, because the court has to be near-certain that we will ultimately prevail. We need this procedure to make our anti-piracy efforts effective against HD sellers, but it is capable of being misused if enough care is not taken. Congress ordered an additional layer of protection--sealing the cases--to mitigate damage should the procedure be abused.

That's fascinating, and makes sense to a degree, but raises many questions.
I understand your unwillingness to discuss cases in any detail, but can you answer a couple of general questions?

Is the statutory procedure applied because it is a criminal prosecution? Would it or could it be applied the same in a civil action?

Is the purpose of sealing these cases to protect the accuser or the accused?

Can a seller be made to halt their selling during any part of this procedure?

If you don't feel comfortable answering these questions, can you provide a jumping off point to research on my own?

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KNOW THYSELF

I can answer these questions without talking about specific cases.

(1) No, it is not a criminal matter. It's still a civil case. The procedure is somewhat similar to an application for (and execution of) a search-and-seizure warrant in a criminal case, and in practice the standards for granting them are the same, or maybe even a bit more stringent for this procedure.

(2) In practice it protects both, but the protection is specifically stated to protect the accused against publicity.

(3) Yes, a temporary restraining order (and later, a preliminary injunction) is entered as part of the procedure.