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PostPosted: Tue Sep 28, 2010 7:31 am 
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bgood @ Tue Sep 28, 2010 9:19 am wrote:
timberlea @ Tue Sep 28, 2010 5:41 am wrote:
Last time I checked the courts are an arm of the government. Discoveries are a part of the court system. So like I said sooner or later an audit will be done. The choice is yours.

Problem is, the 'audit' isn't part of the discovery process. Discovery can only happen AFTER a suit has been filed. Actually what SC is doing is committing blackmail by sending a letter threatening legal action if you do not comply with their demands.


I don't think it's "blackmail" by SC if they ask for an audit. It is your right to refuse. If that is all it takes to not be named as a possible infringer in court papers, then is there a problem showing your "legal" music so they could move on to the real infringers?

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PostPosted: Tue Sep 28, 2010 7:56 am 
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bgood @ Mon Sep 27, 2010 9:55 pm wrote:
DannyG2006 @ Mon Sep 27, 2010 5:35 pm wrote:
It is the easiest way of pirating the songs. But no, you are not necessarily a pirate just because you use a computer. It is just easier to spot eh pirate when they run a system or several systems with 100,000 songs and just came into business overnight .

They do not know how long you have been in business or how many systems you have as only one is present, they just ASSUME you are a pirate because of the use of a computer.


Why, because they are not seeing discs present and that is the only media that the manus (CB and SC) are selling (or authorized to) the arangements in. Silly Wabbit, that is the first red flag.

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PostPosted: Tue Sep 28, 2010 7:58 am 
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Yes, there is a problem however, I don't expect that you'd have a problem with it. And that's perfectly fine for you it's just Not okay with me.


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PostPosted: Tue Sep 28, 2010 8:23 am 
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Moonrider @ Tue Sep 28, 2010 7:52 am wrote:
Moonrider @ Mon Sep 27, 2010 1:20 pm wrote:
leopard lizard @ Mon Sep 27, 2010 10:36 am wrote:
The personal liberties issue bothers me somewhat also. But those concerned about it need to lobby or go through a court case to get an ultimate decision that allows shiftig to computer for commercial use.


There's at least two companies in VA trying to do exactly that.

One week before the trial date was due to be set SC had their suits dismissed without prejudice. No explanation given for why they were dropped.

Two weeks later SC had filed new suits, of which the language was identical to the original filing. Now a trial date won't get set until early next year.

Given the potential reward, why would SC want to delay taking these KJ's to court? They're not only willing, but eager to bring this to trial. They WANT it to happen as quickly as possible.

. . . :confused:


Amazing how many people on BOTH sides of the argument simply ignored this.

"Screw the facts, we just wanna FIGHT!"

Ok, popcorns done. I'm just gonna kick back and laugh on out.

I didn't bother with it because there's really no information here. Who is it that wants to fight? what is their basis for fighting?
And unless we know why SC dropped and refiled, there's really nothing to discuss, is there?


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PostPosted: Tue Sep 28, 2010 9:33 am 
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Dialfel, if you compare the two Virginia filings you'll find three names listed on both, two of which work for the same company. That's who.

As for why, all *I* can offer is speculation. I just wanted to note that these were the only people pushing for a trial that were dropped, and then re-filed against two weeks later - which just happened to push the trial back another 9 months.

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PostPosted: Tue Sep 28, 2010 9:33 am 
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c. staley @ Tue Sep 28, 2010 10:58 am wrote:
Yes, there is a problem however, I don't expect that you'd have a problem with it. And that's perfectly fine for you it's just Not okay with me.


It is OK with me since I have made an intelligent decision to remain in "the dark ages" and run my Business on discs. My attorney, (both personal and professional) who has an extensive background in intellectuial property and trademark law has recommended that I continue as I am until it all shakes out. Would it be easier to run on Laptop, Oh Yea! I personally don't see why everyone is all mad and worked up. Kinda like getting mad at the cop that wrote you a ticket for going over the posted speed limit even though the speedometer in your car can go over 100 mph.

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PostPosted: Tue Sep 28, 2010 9:43 am 
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rumbolt @ Tue Sep 28, 2010 7:31 am wrote:
bgood @ Tue Sep 28, 2010 9:19 am wrote:
timberlea @ Tue Sep 28, 2010 5:41 am wrote:
Last time I checked the courts are an arm of the government. Discoveries are a part of the court system. So like I said sooner or later an audit will be done. The choice is yours.

Problem is, the 'audit' isn't part of the discovery process. Discovery can only happen AFTER a suit has been filed. Actually what SC is doing is committing blackmail by sending a letter threatening legal action if you do not comply with their demands.


I don't think it's "blackmail" by SC if they ask for an audit. It is your right to refuse. If that is all it takes to not be named as a possible infringer in court papers, then is there a problem showing your "legal" music so they could move on to the real infringers?

Doesn't really matter what you think, by the legal definition, threatening to take an action unless some hurdle is jumped is in fact blackmail. By your definition, I'm a 'terrorist sympathizer' because I don't enjoy body cavity searches.

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PostPosted: Tue Sep 28, 2010 9:49 am 
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bgood @ Tue Sep 28, 2010 5:43 pm wrote:
by the legal definition, threatening to take an action unless some hurdle is jumped is in fact blackmail.


OMG...
The government, police infact so many people every day are blackmailing me.
:shock:


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PostPosted: Tue Sep 28, 2010 9:53 am 
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*chanting starts* "Jerry, Jerry, Jerry, Jerry" LMAO :oh yeah:

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PostPosted: Tue Sep 28, 2010 9:56 am 
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:D Every now and again I get that on karaoke night.


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PostPosted: Tue Sep 28, 2010 10:06 am 
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Alan B @ Fri Sep 24, 2010 12:27 pm wrote:
This is why I am not worried and do not care if I get a letter of intent from a manufacturer. I would never voluntarily agree to an audit. I know that I am legal and can prove it so if you think I'm guilty, you'll have to prove it in court. But you better be right and win your case because once you don't, I'm going to counter-sue for damages.


It's cheaper to audit than pay an attorney to defend yourself in court. Ask any I.P. lawyer.


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PostPosted: Tue Sep 28, 2010 10:07 am 
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DannyG2006 @ Fri Sep 24, 2010 3:33 pm wrote:
Coming from a Person who failed miserably in the karaoke arena and spends his time berating those that still offer it.


I couldn't have said it any better myself Danny!


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PostPosted: Tue Sep 28, 2010 10:12 am 
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diafel @ Sat Sep 25, 2010 3:00 pm wrote:
Well, here in Canada it's different.


So keep on your side of the fence then & stop commenting on U.S. law....


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PostPosted: Tue Sep 28, 2010 10:41 am 
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jerry12x @ Mon Sep 27, 2010 4:24 pm wrote:
Skid Rowe @ Tue Sep 28, 2010 12:15 am wrote:
You are suspect simply because you use a computer. Just let the man search (do an audit), and clear yourself.


Don't be silly.
Far too sensible.


Nah! Why have any sense, just be paranoid. Much more fun!


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PostPosted: Tue Sep 28, 2010 10:43 am 
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Alan B @ Mon Sep 27, 2010 5:21 pm wrote:
Skid Rowe @ Mon Sep 27, 2010 4:15 pm wrote:
It seems to me the people who scream the loudest about having an audit, have the most to hide.


So just what the hell are you saying? You better be careful what you say, my friend.

You went through an audit and passed. Good for you. But if I choose not to subject myself to one, for whatever reason, does that make me any less legal than you are?

Not only do I own all of my discs but can also provide all of the reciepts, can you?

Just worry about yourself. It's not yours or anyone elses concern what anyone else does. Got it?


By the way Alan, I see that your profile doesn't show your location. Where are your shows?


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PostPosted: Tue Sep 28, 2010 10:47 am 
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Moonrider @ Tue Sep 28, 2010 6:52 am wrote:
Moonrider @ Mon Sep 27, 2010 1:20 pm wrote:
leopard lizard @ Mon Sep 27, 2010 10:36 am wrote:
The personal liberties issue bothers me somewhat also. But those concerned about it need to lobby or go through a court case to get an ultimate decision that allows shiftig to computer for commercial use.


There's at least two companies in VA trying to do exactly that.

One week before the trial date was due to be set SC had their suits dismissed without prejudice. No explanation given for why they were dropped.

Two weeks later SC had filed new suits, of which the language was identical to the original filing. Now a trial date won't get set until early next year.

Given the potential reward, why would SC want to delay taking these KJ's to court? They're not only willing, but eager to bring this to trial. They WANT it to happen as quickly as possible.

. . . :confused:


Amazing how many people on BOTH sides of the argument simply ignored this.

"Screw the facts, we just wanna FIGHT!"

Ok, popcorns done. I'm just gonna kick back and laugh on out.


I'm right along side of you Moon, laughing all the way! :rotflmao:


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PostPosted: Tue Sep 28, 2010 10:49 am 
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c. staley @ Tue Sep 28, 2010 6:59 am wrote:
Skid Rowe @ Mon Sep 27, 2010 10:15 pm wrote:
It seems to me the people who scream the loudest about having an audit, have the most to hide. I've read post after post on several web sites, and still can't figure out what's the big deal.

I went through the SC audit, and am dam*ed proud that I passed 100%. It was no inconvenience. It was am honor to show my stuff to a company I fully support. My experience with the SC auditor was similar to Athena. They didn't ask for the particular songs sung on any particular night at my show. They looked for songs in my book, and wanted to see the corosponding disk. The auditor also asked for songs on out of print disks to see if I actually had them. It was quick, painless, and actually kinda fun.

Using the police car example, say there was a kidnaping. Someone got a description of the car, but not the license number. Unfortunately you drive a blue Mazda crossover (the same as the kidnapper). If the police pull you over and you refuse to have your car searched, heaven help your a$$. You are suspect simply because of the car you drive.

Same with karaoke. You are suspect simply because you use a computer. Just let the man search (do an audit), and clear yourself.


Alright Skid, let's not leave out some key facts here: YOU WERE GIVEN CLEARANCE BY SOUND CHOICE WITHOUT AN AUDIT.... you "requested an audit" afterwards to assist them in "marketing their audits." You recieved an intent letter, so did a KIAA member... The audit was NOT "required" by SC, you had received your "hall pass" from SC.

If you're going to act like it's "no big deal" then please post ALL of the story, not just the part(s) that makes SC look good. But then again, you are a self-professed "cheerleader for SC."

How did I know that you'd later use the whole (requested) audit experience to tell the world "it was no big deal" when the audit was NOT required by SC at all.


7 digital systems to 1 in less than one year? There are some facts Chip!


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PostPosted: Tue Sep 28, 2010 11:01 am 
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Hey Wall of ForumPost, I mean, Wall of Sound. Sup dude? :wink:

diafel @ Mon Sep 27, 2010 6:04 pm wrote:


Now that's my sense of humor, right there :)


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PostPosted: Tue Sep 28, 2010 11:17 am 
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Wall Of Sound @ Tue Sep 28, 2010 4:49 pm wrote:

7 digital systems to 1 in less than one year? There are some facts Chip!


Like a broken record...... ad nauseum.

You forgot the part about me running multiple systems for the last 15 years and just like Skid, you present incomplete facts and you're fully aware of that. However, it serves your agenda a little better if you conveniently leave out other information right? You leave out that I've sold thousands of dollars of discs to KIAA members too... Gee, I wonder why they needed them so badly?....

FACT: You have admitted that you have two (that's 2) systems and only enough work for one.... you've admitted that you can't find anyone you can trust to run your second, much less actually have enough work to keep it busy.

So how's that KIAA membership and SC's efforts helping you again?

You are exactly like Skid's "requested audit" scenario... nothing more than a charade.


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PostPosted: Tue Sep 28, 2010 11:28 am 
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RNSK @ Tue Sep 28, 2010 11:01 am wrote:
Hey Wall of ForumPost, I mean, Wall of Sound. Sup dude? :wink:


So, where are you at so I can have Psycho Mike come take a look?


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