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PostPosted: Wed Jul 20, 2011 4:45 am 
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[
The Lone Ranger][quote="timberlea wrote:
There goes Chip trying to twist things around. Liquor inspectors have no problem shutting bars down for violations. Around here I've seen them shut down on average, for underaged patrons, an average a week for the first offence and a fine to boot. Underaged around here is the exception. Those found with fake IDs are charged and fined. They also enforce the anti-smoking laws, and check ALL licences. To check the legality of a host wouldn't be difficult and done maybe once a year or if they get information about illegal activities. But nice try.[/quote


8) Other infractions are easier to prove than karaoke piracy. Underage drinking, gambling, prostitution, and firearms violations don't require a audit to prove. Usually police observation and sting operations are all that are required. Determining if karaoke is pirated would take a longer investigation, and allocation of resources that most law enforcement agencies are not willing to expend, especially in tight budget times like now.


Please take my name off that quote. That was not me. Thanks.[/quote]


:shock: Very sorry about that birdsong I'm not very good with this computer, and I have been trying to improve my skills. Any disrespect was unintentional and am deeply sorry!


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PostPosted: Wed Jul 20, 2011 4:47 am 
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No offense taken. I just wanted to make sure that people did not think something Timberlea said came from me.

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PostPosted: Wed Jul 20, 2011 4:48 am 
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The Lone Ranger wrote:
[
The Lone Ranger][quote="timberlea wrote:
There goes Chip trying to twist things around. Liquor inspectors have no problem shutting bars down for violations. Around here I've seen them shut down on average, for underaged patrons, an average a week for the first offence and a fine to boot. Underaged around here is the exception. Those found with fake IDs are charged and fined. They also enforce the anti-smoking laws, and check ALL licences. To check the legality of a host wouldn't be difficult and done maybe once a year or if they get information about illegal activities. But nice try.[/quote


8) Other infractions are easier to prove than karaoke piracy. Underage drinking, gambling, prostitution, and firearms violations don't require a audit to prove. Usually police observation and sting operations are all that are required. Determining if karaoke is pirated would take a longer investigation, and allocation of resources that most law enforcement agencies are not willing to expend, especially in tight budget times like now.


Please take my name off that quote. That was not me. Thanks.



:shock: Very sorry about that birdsong I'm not very good with this computer, and I have been trying to improve my skills. Any disrespect was unintentional and am deeply sorry![/quote]
Now I didn't get the handle right birdofsong, I'll get this right yet, it is just going to take some time.


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PostPosted: Wed Jul 20, 2011 5:46 am 
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Well let's see an inspector goes in and sees a host using original discs, no problems. They go in and see a computer and and issues an order to produce the originals, if 1:1 is accepted. Now that's not so difficult now is it. It's similar to being stopped and you left your licence at home. You're issued a summons but if you bring in your licence, the summons is cancelled.

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PostPosted: Wed Jul 20, 2011 6:19 am 
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From what I've seen in local permit/violation situations, inspectors issue a violation based on their observation, the bar owner has to prove it's not a violation.
If the bar owner does prove compliance, the permit is reinstated.
This could devastate pirates because they would have to prove not only to the inspectors, but their bar owner, that they are legal. (This is opposite of other legal allegations, where inspectors would have to prove the pirate is illegal.)
Not a problem for KJ's in 1:1, just show the discs or receipts and you'd be clear with everyone.
Again, the inspectors don't have to prove jack-squat or know anything about piracy or copyright law or anything else; they'd only need about 15 minutes of training to know what to look for and ask for to determine if they should write up a violation.


Last edited by KaraokeJerry on Wed Jul 20, 2011 6:23 am, edited 1 time in total.

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PostPosted: Wed Jul 20, 2011 6:21 am 
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timberlea wrote:
Well let's see an inspector goes in and sees a host using original discs, no problems. They go in and see a computer and and issues an order to produce the originals, if 1:1 is accepted. Now that's not so difficult now is it. It's similar to being stopped and you left your licence at home. You're issued a summons but if you bring in your licence, the summons is cancelled.



8) The whole point is is not going to be so clear cut, it is going to take time and money either way, and I don't feel in the current budget circumstances, most law enforcement agencies, will want to spend their budgets, on more urgent crime problems. Is the city, county, or state going to have an inspector just for karaoke piracy? I think not. You mean the hosts are going to haul around all of their original discs, I think not they are much to valuable to be taking to gigs with you. I know many hosts that leave their originals in a safe place and bring backups to the show. It is quite apparent if you are engaged in drug dealing, gambling, prostitution, or serving minors, this is going to be more time consuming and difficult. Look at all the problems the manus have at bringing one case to a jury trial and verdict.


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PostPosted: Wed Jul 20, 2011 6:31 am 
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Lone Ranger:
Please work on getting a handle on how the quoting works here. You are constantly erasing a single bracket character --> ] in one place or another and your quoted material either does not readily appear as a quote or is simply attributed to the wrong person.

In the post above, you've erased the closing bracket --> ]

You CAN edit your post and put the bracket back in so your quotes will look correct. (the brackets are located on your keyboard (hopefully) next to the "P" )


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PostPosted: Wed Jul 20, 2011 6:37 am 
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c. staley wrote:
Lone Ranger:
Please work on getting a handle on how the quoting works here. You are constantly erasing a single bracket character --> ] in one place or another and your quoted material either does not readily appear as a quote or is simply attributed to the wrong person.

In the post above, you've erased the closing bracket --> ]

You CAN edit your post and put the bracket back in so your quotes will look correct. (the brackets are located on your keyboard (hopefully) next to the "P" )



:( I know this isn't really my medium, and I will try to do better. Sometimes is hard to teach an old dog new tricks.


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PostPosted: Wed Jul 20, 2011 6:43 am 
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timberlea wrote:
Well let's see an inspector goes in and sees a host using original discs, no problems. They go in and see a computer and and issues an order to produce the originals, if 1:1 is accepted. Now that's not so difficult now is it. It's similar to being stopped and you left your licence at home. You're issued a summons but if you bring in your licence, the summons is cancelled.


Officer Timberlea;

I is NOT "similar to being stopped and you left your licence at home." Because in order to be stopped in the first place, there has to be a reasonable cause. (Nice try though) However in Canada, they (the police) might be allowed to stop anyone for no reason at all.... like an MP can do that on a base or post... I just don't know, nor do I presume to know and/or apply U.S. law to Canada.

Simply "seeing a computer" is NOT reasonable cause that anything illegal regarding the ownership of originals has been committed. It's simply an EXCUSE to search for evidence they don't have in the first place.

A more realistic scenario would be a police "checkpoint" where ALL drivers are stopped -simply because they are driving- and asking for a driver's license and/or questioned about drinking. Which in the state of Michigan.... in the United States.... has been done and promptly deemed unconstitutional as not reasonable.

So as you mentioned earlier, let's keep the scenario's within the confines of reality.


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PostPosted: Wed Jul 20, 2011 6:50 am 
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KaraokeJerry wrote:
From what I've seen in local permit/violation situations, inspectors issue a violation based on their observation, the bar owner has to prove it's not a violation.
If the bar owner does prove compliance, the permit is reinstated.
This could devastate pirates because they would have to prove not only to the inspectors, but their bar owner, that they are legal. (This is opposite of other legal allegations, where inspectors would have to prove the pirate is illegal.)
Not a problem for KJ's in 1:1, just show the discs or receipts and you'd be clear with everyone.
Again, the inspectors don't have to prove jack-squat or know anything about piracy or copyright law or anything else; they'd only need about 15 minutes of training to know what to look for and ask for to determine if they should write up a violation.




:? If it is so easy why have not any of the manus managed to carry any of the filed suits, to jury trial and final verdict? Establishing some kind of legal history we can all refer to.


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PostPosted: Wed Jul 20, 2011 6:57 am 
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The Lone Ranger wrote:
KaraokeJerry wrote:
From what I've seen in local permit/violation situations, inspectors issue a violation based on their observation, the bar owner has to prove it's not a violation.
If the bar owner does prove compliance, the permit is reinstated.
This could devastate pirates because they would have to prove not only to the inspectors, but their bar owner, that they are legal. (This is opposite of other legal allegations, where inspectors would have to prove the pirate is illegal.)
Not a problem for KJ's in 1:1, just show the discs or receipts and you'd be clear with everyone.
Again, the inspectors don't have to prove jack-squat or know anything about piracy or copyright law or anything else; they'd only need about 15 minutes of training to know what to look for and ask for to determine if they should write up a violation.




:? If it is so easy why have not any of the manus managed to carry any of the filed suits, to jury trial and final verdict? Establishing some kind of legal history we can all refer to.


If you were a manu and was uncertain of what precedent might be set by the final verdict, and it possibly not be in your favor, would you be in such a hurry to go to trial?

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PostPosted: Wed Jul 20, 2011 7:00 am 
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timberlea wrote:
Well let's see an inspector goes in and sees a host using original discs, no problems. They go in and see a computer and and issues an order to produce the originals, if 1:1 is accepted. Now that's not so difficult now is it. It's similar to being stopped and you left your licence at home. You're issued a summons but if you bring in your licence, the summons is cancelled.



I think the real issue is: What Police agency has the resources to carry out these inspections, and what gain to the public at large..
Will the inspections be at the request of a "Special Interest Group"?

City, County and States are going broke these days..

I see little hope for any random Karaoke inspections..

I'm just sayin'...


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PostPosted: Wed Jul 20, 2011 7:15 am 
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hiteck wrote:
If you were a manu and was uncertain of what precedent might be set by the final verdict, and it possibly not be in your favor, would you be in such a hurry to go to trial?

If you are a manufacturer and afraid you might lose (which I believe you are saying above) and have a verdict go against you, then obviously there is some question in your own mind of the validity or merit of the very cases you would be bringing against others and you know you're skating on very thin ice to start with.

Otherwise, there would be no reason to delay any action. A solid precedent in your favor would make any future suits a virtual shoe-in and very good "cash machine" for your future...

Would you be willing to "roll the dice" if your options were that it could be "winner take all, loser go broke?" Instead, it appears as though this is nothing more than a gentle "milking" for as long as they can get away with it.... in my opinion.


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PostPosted: Wed Jul 20, 2011 7:25 am 
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c. staley wrote:
hiteck wrote:
If you were a manu and was uncertain of what precedent might be set by the final verdict, and it possibly not be in your favor, would you be in such a hurry to go to trial?

If you are a manufacturer and afraid you might lose (which I believe you are saying above) and have a verdict go against you, then obviously there is some question in your own mind of the validity or merit of the very cases you would be bringing against others and you know you're skating on very thin ice to start with.

Otherwise, there would be no reason to delay any action. A solid precedent in your favor would make any future suits a virtual shoe-in and very good "cash machine" for your future...

Would you be willing to "roll the dice" if your options were that it could be "winner take all, loser go broke?" Instead, it appears as though this is nothing more than a gentle "milking" for as long as they can get away with it.... in my opinion.


Yes, that is basically what I'm saying and my opinion.

I'm not going to claim to know all the ins and outs of U.S. law as it pertains to IP, copyright, trademark, karaoke, etc... nor do I know all the ins and outs of producing or re-producing music, adding lyrics swipes and everything else a manu needs to do in order to produce a product, but it doesn't make any sense to me that over the past couple of years that a case against a pirate hasn't gone to the point of being settled in court.

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PostPosted: Wed Jul 20, 2011 7:26 am 
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[quote=J.D.]: I think the real issue is: What Police agency has the resources to carry out these inspections, and what gain to the public at large..
Will the inspections be at the request of a "Special Interest Group"?

City, County and States are going broke these days..

I see little hope for any random Karaoke inspections..

I'm just sayin'...[/quote]

Our county assessor says that they have just a few karaoke companies that have gotten business licenses and that no one claimed the amount of equipment that we did (and we just started out a few years ago!). I asked about discs and she said the others hadn't claimed discs. I suggested they were losing a bit of revenue to these people and she said she would look into it but really, based on what little we had to pay, it probably wouldn't cover the expenses of looking into at them.


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PostPosted: Wed Jul 20, 2011 8:05 am 
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c. staley wrote:
timberlea wrote:
Well let's see an inspector goes in and sees a host using original discs, no problems. They go in and see a computer and and issues an order to produce the originals, if 1:1 is accepted. Now that's not so difficult now is it. It's similar to being stopped and you left your licence at home. You're issued a summons but if you bring in your licence, the summons is cancelled.


Officer Timberlea;

I is NOT "similar to being stopped and you left your licence at home." Because in order to be stopped in the first place, there has to be a reasonable cause. (Nice try though) However in Canada, they (the police) might be allowed to stop anyone for no reason at all.... like an MP can do that on a base or post... I just don't know, nor do I presume to know and/or apply U.S. law to Canada.

Simply "seeing a computer" is NOT reasonable cause that anything illegal regarding the ownership of originals has been committed. It's simply an EXCUSE to search for evidence they don't have in the first place.

A more realistic scenario would be a police "checkpoint" where ALL drivers are stopped -simply because they are driving- and asking for a driver's license and/or questioned about drinking. Which in the state of Michigan.... in the United States.... has been done and promptly deemed unconstitutional as not reasonable.

So as you mentioned earlier, let's keep the scenario's within the confines of reality.

You analogy doesn't work timberlea.
The police in Canada can NOT stop anyone for no reason at all.They must have reasonable grounds.
Similar to Michigan, checkpoints are also unconstitutional in Canada. We just haven't had anyone test the law in court yet. Not really sure why.
But again, nice try.


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PostPosted: Wed Jul 20, 2011 8:36 am 
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hiteck wrote:
The Lone Ranger wrote:
KaraokeJerry wrote:
From what I've seen in local permit/violation situations, inspectors issue a violation based on their observation, the bar owner has to prove it's not a violation.
If the bar owner does prove compliance, the permit is reinstated.
This could devastate pirates because they would have to prove not only to the inspectors, but their bar owner, that they are legal. (This is opposite of other legal allegations, where inspectors would have to prove the pirate is illegal.)
Not a problem for KJ's in 1:1, just show the discs or receipts and you'd be clear with everyone.
Again, the inspectors don't have to prove jack-squat or know anything about piracy or copyright law or anything else; they'd only need about 15 minutes of training to know what to look for and ask for to determine if they should write up a violation.




:? If it is so easy why have not any of the manus managed to carry any of the filed suits, to jury trial and final verdict? Establishing some kind of legal history we can all refer to.


If you were a manu and was uncertain of what precedent might be set by the final verdict, and it possibly not be in your favor, would you be in such a hurry to go to trial?



8) Then going to court is much like going to war, you should only engage in it when you have all factors in your favor. Both are risky and the outcome never sure. That is why the filing suits in mass to reduce cost per filing, and then stop, and restart the suit, is not to bring a decision. It is used to wear down the defendant. Then he will be more likely to seek an out of court settlement. Which the manus have been settling for. This is all a very slow process, how much longer can the manus afford to do this?


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PostPosted: Wed Jul 20, 2011 11:01 am 
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Well Diafel, you are wrong. In Canada, and supported by numerous Supreme Court of Canada decisions, police officers may conduct random, routine spot checks for vehicle documentations (licence, registration, and insurance). In other words, you can be driving and a police officer driving behind may stop you, even if you are doing nothing wrong and ask you for those three documents. Now unless they see a further violation (say you're impaired, possession of a prohibited weapon, or whatever) they cannot search your vehicle, Now if they do see a violation they may be able to search without warrant or seize and obtain a warrant.

Ranger, you wouldn't need special people to enforce computer hosts, it could easily be added of to the duties of current inspectors.

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Last edited by timberlea on Wed Jul 20, 2011 11:16 am, edited 1 time in total.

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PostPosted: Wed Jul 20, 2011 11:09 am 
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The Lone Ranger wrote:
KaraokeJerry wrote:
From what I've seen in local permit/violation situations, inspectors issue a violation based on their observation, the bar owner has to prove it's not a violation.
If the bar owner does prove compliance, the permit is reinstated.
This could devastate pirates because they would have to prove not only to the inspectors, but their bar owner, that they are legal. (This is opposite of other legal allegations, where inspectors would have to prove the pirate is illegal.)
Not a problem for KJ's in 1:1, just show the discs or receipts and you'd be clear with everyone.
Again, the inspectors don't have to prove jack-squat or know anything about piracy or copyright law or anything else; they'd only need about 15 minutes of training to know what to look for and ask for to determine if they should write up a violation.




:? If it is so easy why have not any of the manus managed to carry any of the filed suits, to jury trial and final verdict? Establishing some kind of legal history we can all refer to.


Don't confuse local government permitting and inspecting with manufacturers' civil suits. They're not the same thing at all.


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PostPosted: Wed Jul 20, 2011 11:59 am 
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timberlea wrote:
Well Diafel, you are wrong. In Canada, and supported by numerous Supreme Court of Canada decisions, police officers may conduct random, routine spot checks for vehicle documentations (licence, registration, and insurance). In other words, you can be driving and a police officer driving behind may stop you, even if you are doing nothing wrong and ask you for those three documents. Now unless they see a further violation (say you're impaired, possession of a prohibited weapon, or whatever) they cannot search your vehicle, Now if they do see a violation they may be able to search without warrant or seize and obtain a warrant.

Ranger, you wouldn't need special people to enforce computer hosts, it could easily be added of to the duties of current inspectors.

Which "numerous Supreme Court of Canada decisions" would those be?
Oh, and just so we are clear here about your experience as a law enforcement officer, which law enforcement agency did you work for again?


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