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c. staley
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Posted: Tue Sep 28, 2010 12:15 pm |
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Joined: Thu Jun 06, 2002 7:26 am Posts: 4839 Location: In your head rent-free Been Liked: 582 times
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Wall Of Sound @ Tue Sep 28, 2010 5:28 pm wrote: RNSK @ Tue Sep 28, 2010 11:01 am wrote: Hey Wall of ForumPost, I mean, Wall of Sound. Sup dude? So, where are you at so I can have Psycho Mike come take a look?
Yeah... he want to undercut your gig....
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diafel
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Posted: Tue Sep 28, 2010 12:25 pm |
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Joined: Sun Dec 16, 2007 8:27 am Posts: 2444 Been Liked: 46 times
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Moonrider @ Tue Sep 28, 2010 10:33 am wrote: 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. I do find it interesting and would love to know more. However, since there is no more, we will have to wait and see.
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leopard lizard
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Posted: Tue Sep 28, 2010 2:44 pm |
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Joined: Thu Sep 04, 2008 4:18 pm Posts: 2593 Been Liked: 294 times
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Moonrider--are these different from the fellow whom they filed against but it turned out he was working under an alias and they didn't have the correct address? So they dropped the suit but then filed it again when they got the correct info?
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Moonrider
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Posted: Wed Sep 29, 2010 6:40 pm |
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Joined: Sun Jul 05, 2009 6:13 pm Posts: 551 Been Liked: 0 time
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leopard lizard @ Tue Sep 28, 2010 5:44 pm wrote: Moonrider--are these different from the fellow whom they filed against but it turned out he was working under an alias and they didn't have the correct address? So they dropped the suit but then filed it again when they got the correct info?
These are three different people. None of them are active on any discussion boards.
_________________ Dave's not here.
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JoeChartreuse
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Posted: Mon Oct 04, 2010 10:32 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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DannyG2006 @ Fri Sep 24, 2010 6:33 pm wrote: Coming from a Person who failed miserably in the karaoke arena and spends his time berating those that still offer it.
Re-read the post. No matter how successful or not the originator was, the post stands on it's own, unless you are able to prove otherwise.
Please feel free to post the parts of the original post that you disagree with, and explain your stance.
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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JoeChartreuse
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Posted: Mon Oct 04, 2010 10:40 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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DannyG2006 @ Sat Sep 25, 2010 6:55 pm wrote: Lehidude is right. The way they are doing it is to send investigators to your show to gather evidence. Then they send a letter of intent to sue. It is at this point that 1:1ers can contact them and agree to an audit that once you've proven you're 1:1, you go on your merry way. No cost to you other than your time.
No, all so-called evidence MIGHT show that they find out if the show is PC based ( which they SOMETIMES get right), and displays their logo. No evidence of ANY ACTUAL "INVESTIGATION". has been shown- which is why several hosts have been shown 1:1 AFTER a letter has been sent out, and why incorrect people have been named as hosts in venues where they no longer worked, on dates when they weren't there, and why at least a couple of disc based shows have been hassled.
No, actual "investigation" has yet to be shown.
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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JoeChartreuse
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Posted: Mon Oct 04, 2010 10:45 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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Skid Rowe @ Mon Sep 27, 2010 9:23 pm wrote: Sorry if I ruffled your feathers Alan. IF you or anyone is caught up in this pirate thing, just show the man your disks, and save a whole lot of headaches."
Sure thing....of course they will pay the KJ's standard hourly fee for wasting his time, right? Or is your time worthless? Business is not a charity event. If you want to take my time, you WILL pay for it.
Of course, if you pray to SC, and consider your time Tithes, well, that's another story.
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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JoeChartreuse
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Posted: Mon Oct 04, 2010 10:50 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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timberlea @ Tue Sep 28, 2010 6:45 am wrote: Joe get paid for being audited, surely you jest. Businesses do not get paid when they are audited and when was the last time the government paid you for being audited for income tax or any other purpose. Yes, you can refuse them but be prepared to use up a lot of time (and money) to go through the courts and/or discovery for what will amount to the same thing. If one has their discs already organized (and why wouldn't you), I can't see it taking any more than an hour, if that.
Sorry Timber, but apples and oranges. The IRS is a duly and fully authorized government agency- annoying, but fully authorized to demand an audit. SC is a dinky little 10 person company that has no rights or authorization to demand anything. If one decides to be NICE enough to cooperate, one should certainly be compensated for the time lost from their business. Commom sense.
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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JoeChartreuse
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Posted: Mon Oct 04, 2010 10:52 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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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.
Look at that. Someone got it. Income through intimidation of less than fully informed KJs- not bad as long as people work hard to stay uninformed..
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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JoeChartreuse
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Posted: Mon Oct 04, 2010 11:00 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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Wall Of Sound @ Tue Sep 28, 2010 1:06 pm wrote: 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.
True if there was an actual case. Unfortunately, bcause SC habitually attached their logo to tracks without proper licensing ( sound familiar?), making those logos legally invisible, and showing habitual flaunting of the same grounds they might attempt to sue on...there is no case. A host merely has to bring some of these discs to court ( I.E. Sc 8125, 8438, 2029, etc...) Also, because of this, you won't see a case make court if SC can help it. Why? e the first time they lose, they also lose ALL future possibilty of intimidated income, plus open themselves to counter suits not only from KJs, but music owners.
It's been almost 2 years. Show me ONE COURT CASE OR SET DATE.
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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Lonman
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Posted: Tue Oct 05, 2010 1:41 am |
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Joined: Mon Dec 10, 2001 3:57 pm Posts: 22978 Songs: 35 Images: 3 Location: Tacoma, WA Been Liked: 2126 times
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[schild=1 fontcolor=C0C0C0 shadowcolor=C0C0C0 shieldshadow=1]Aye aye aye[/schild]
_________________ LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!
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Wall Of Sound
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Posted: Tue Oct 05, 2010 3:21 pm |
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Joined: Thu May 06, 2010 10:35 am Posts: 691 Location: Carson City, NV Been Liked: 0 time
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JoeChartreuse @ Mon Oct 04, 2010 10:45 pm wrote: Skid Rowe @ Mon Sep 27, 2010 9:23 pm wrote: Sorry if I ruffled your feathers Alan. IF you or anyone is caught up in this pirate thing, just show the man your disks, and save a whole lot of headaches." Sure thing....of course they will pay the KJ's standard hourly fee for wasting his time, right? Or is your time worthless? Business is not a charity event. If you want to take my time, you WILL pay for it. Of course, if you pray to SC, and consider your time Tithes, well, that's another story.
I wonder what the I.R.S. would tell you if they came by your business to see your books & you wanted to be paid.
Let's find out shall we? [schild=6 fontcolor=000000 shadowcolor=C0C0C0 shieldshadow=1]IRS AUDITOR[/schild]
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timberlea
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Posted: Tue Oct 05, 2010 3:27 pm |
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Joined: Wed Sep 04, 2002 12:41 pm Posts: 4094 Location: Dartmouth, Nova Scotia, Canada Been Liked: 309 times
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Of course the very possible reason there have been no cases that have seen a courtroom is because the Defendant either passed an audit (whether volunteer or through a Discovery) or the Defendant settled out of court knowing they didn't have a chance of winning. Most reasonable people will not throw away money. And try to get compensated for a Discovery, I hope you luck.
_________________ You can be strange but not a stranger
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pxranger
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Posted: Sun Jan 30, 2011 12:40 am |
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Major Poster |
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Joined: Tue Nov 11, 2003 7:48 pm Posts: 71 Location: U.S.A. Been Liked: 13 times
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They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.
Sheep vs. Sheepdogs
nuff said
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kjathena
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Posted: Tue Feb 01, 2011 10:57 pm |
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Super Plus Poster |
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Joined: Tue Jun 15, 2010 3:51 pm Posts: 1636 Been Liked: 73 times
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those who fight to protect OUR industry deserve respect not ridicule
_________________ "Integrity is choosing your thoughts, words and actions based on your principles and values rather than for your personal gain." Unknown "if a man has integrity, nothing else matters, If a man has no integrity, nothing else matters." Lee McGuffey
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Thunder
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Posted: Wed Feb 02, 2011 12:43 am |
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Joined: Thu Dec 23, 2010 9:36 am Posts: 1066 Location: Madison VA Been Liked: 0 time
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Mr. Joe,
I know I am way out of the loop here but I was wondering since you know most of the 411 on these lawsuits could you tell us who all these KJs who operated on disc and players (not computers) who were caught up in these lawsuits? I have heard about the most famous one that was caught up in the Arizona Lawsuit, but I understand that one was cleared very quickly. I haven't heard of any of the others you have mentioned. I am in an area that was hit twice and don't know of any, were these others in your area? What area do you work in? I heard they were sweeping my area so I just went ahead and requested an audit of my system because I thought it was the prudent thing to do. But I heard that some guy named Ernie beat Sound Choice in court without having to settle, then I heard he didn't then I heard he did again, it leaves me confused. It appears from your post that you really know the federal laws and I thought perhaps you had some insider information on the subject. So on your advice I will either agree to and request an audit from Chartbuster and Pop Hits Monthly or tell them to stick it were the sun don't shine!
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DannyG2006
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Posted: Wed Feb 02, 2011 10:44 am |
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Joined: Sun Nov 27, 2005 11:31 am Posts: 5395 Location: Watebrury, CT Been Liked: 406 times
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Virgin, ernie is in default of the settlement because it takes precedence over any legal court action. SO he lost and just doesn't know it yet.
_________________ The Line Array Experiment is over. Nothing to see here. Move along.
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Thunder
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Posted: Wed Feb 02, 2011 1:45 pm |
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Joined: Thu Dec 23, 2010 9:36 am Posts: 1066 Location: Madison VA Been Liked: 0 time
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Danny,
Not taking anything away from you but Mr. Joe appears by far to be more knowledgeable as to the legal issues than anyone else here, I get the impression that he may even be an attorney or at least very well read when it comes to the federal law, so if I am going to take a chance witrh advice on how to handle this business I want to at least get it from someone who knows what is going on!
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TTowntenor
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Posted: Wed Feb 02, 2011 3:01 pm |
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Joined: Sun Jan 11, 2004 10:43 am Posts: 594 Location: Seattle, WA Been Liked: 0 time
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Virgin Karaoke @ Wed Feb 02, 2011 1:45 pm wrote: Danny,
Not taking anything away from you but Mr. Joe appears by far to be more knowledgeable as to the legal issues than anyone else here, I get the impression that he may even be an attorney or at least very well read when it comes to the federal law, so if I am going to take a chance witrh advice on how to handle this business I want to at least get it from someone who knows what is going on!
Yep Joe is the man! He is WELL READ in copyright and IP law. Everything he says isn't just HIS opinion, it's a fact of life! No one should ever need to read any further.......Sorry I couldn't even get through typing this with a straight face......If Joe is a legal expert, then I have a great piece of ocean front property in Arizona I can sell you CHEAP!!!!
_________________ [shadow=deepskyblue]I'm impressed, I've never met such a small mind inside such a big head before.[/shadow]
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Thunder
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Posted: Wed Feb 02, 2011 5:31 pm |
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Joined: Thu Dec 23, 2010 9:36 am Posts: 1066 Location: Madison VA Been Liked: 0 time
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TTowntenor @ Wed Feb 02, 2011 6:01 pm wrote: Virgin Karaoke @ Wed Feb 02, 2011 1:45 pm wrote: Danny,
Not taking anything away from you but Mr. Joe appears by far to be more knowledgeable as to the legal issues than anyone else here, I get the impression that he may even be an attorney or at least very well read when it comes to the federal law, so if I am going to take a chance witrh advice on how to handle this business I want to at least get it from someone who knows what is going on! Yep Joe is the man! He is WELL READ in copyright and IP law. Everything he says isn't just HIS opinion, it's a fact of life! No one should ever need to read any further.......Sorry I couldn't even get through typing this with a straight face......If Joe is a legal expert, then I have a great piece of ocean front property in Arizona I can sell you CHEAP!!!!
Well at least he offers an opinion and from what I have read from him it appears that he has an understanding of what is going on far more than any information anyone else has posted here. I am new to the game so I am seeking information from the most credible people that post here. Do you have information to the contrary of what Mr. Joe has posted? It appears from Mr. Joe's post that he has knowledge of many disc operated systems being molested by Sound Choice, what knowledge of this can you bring to the table? What advice do you have to offer on what to do about the current audit situation? If you don't have any then don't you think it would be better to allow Mr. Joe to tells us what is going on and offer any advice as to what those of us who don't know what is going on should do? Personally I don't know anything about Copyright or IP law, if Mr. Joe does then I think it would be beneficial for all of us to at least have his "opinion" on the subject.
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