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hiteck
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Posted: Sun Feb 19, 2012 8:30 am |
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Joined: Sun Jun 06, 2010 10:39 am Posts: 884 Location: Tx Been Liked: 17 times
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kjathena wrote: Hiteck, prohibited by the court = enjoined (legalspeak)
SC is putting pirates out of business. Yes we are still awaiting the slow court system with a case "taken all the way" but these default judgments do mean something.
ChipS no reply about this other than "white noise" and "Let's not all get your panties in a bunch here" Meaning someone who has been sued in court for piracy can not use any disks ripped to mp3 without written permission from the manu?
_________________ My statements, opinions and conclusions are based on my own personal experiences, observations, research and/or just my own $.02. I'm not a "cheerleader", but that doesn't make me a Pirate.
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kjathena
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Posted: Sun Feb 19, 2012 9:06 am |
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Joined: Tue Jun 15, 2010 3:51 pm Posts: 1636 Been Liked: 73 times
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sort of...anyone that has been sued and a judgment has been issued against can not use any ripped files without written permission from ALL manufactures. It is my understanding that SC is also using the same terms in settlements also (so those that settle can not use orphan manufactures or overseas brands either as written permission is not available)....I will attempt to verify this as I am basing this on settlement agreements showed me by Kj's that settled recently and I have not verified it with SC.
_________________ "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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Cueball
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Posted: Sun Feb 19, 2012 11:08 am |
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Joined: Sat Oct 20, 2001 6:55 pm Posts: 4433 Location: New York City Been Liked: 757 times
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kjathena wrote: (so those that settle can not use orphan manufactures or overseas brands either) What's an Orphan Manufacturer? Is that some no-name brand or a brand that's been out of the CDG business (like Pioneer, JVC, etc...). If the latter, how would ANYONE get written permission to media shift that brand?
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kjathena
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Posted: Sun Feb 19, 2012 11:22 am |
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Joined: Tue Jun 15, 2010 3:51 pm Posts: 1636 Been Liked: 73 times
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orphan manufacturer = out of business
That is the point no one can get permission in writing to use digital files in advance.
This is how SC is helping to put pirates out of business and help Legit hosts.
If you are enjoined or (settle yet to be confirmed? )( In my opinion both of these would mean that you were a pirate but that is just my personal opinion) you can not use those brands in a digital manner.
We could go back to spinning discs if need be at any time and have our full libraries but how many of the HD pirates would bother to purchase discs and equipment needed to run shows...and even if they did do you think they would still only charge beer or $50.00 per show?
The REALLY funny thing to me is how many of those named here in my little part of the world have just ignored the lawsuits and not even bothered to pay a bit of attention or answer in any way thinking they will just go away. I hope that others will pay attention and see what really happens and how much worse it is getting as the process is being refined.
_________________ "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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earthling12357
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Posted: Sun Feb 19, 2012 11:42 am |
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Joined: Sat Jan 08, 2011 11:21 pm Posts: 1609 Location: Earth Been Liked: 307 times
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kjathena wrote: I hope that others will pay attention and see what really happens and how much worse it is getting as the process is being refined. Me too. Soundchoice is now trying to set a standard that KJs who have legally purchased their music must get permision from them to use on hard drive for all manufacturers. If this was precedent setting (thankfully it's not) what a precedent it would set! Now not only is your unaudited soundchoice material illegal so is the rest of it and most of that is unfixable making you an outlaw worse than the pirates themselves. Except soundchoice can somehow give you permission for the rest? Attempting to develop a monopoly? Antitrust anyone?
_________________ KNOW THYSELF
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kjathena
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Posted: Sun Feb 19, 2012 12:06 pm |
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Joined: Tue Jun 15, 2010 3:51 pm Posts: 1636 Been Liked: 73 times
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how some people can twist things....You may not like the options but you do have them. if you are Legit then this can only help you . If you are wanting to run digital files get your permissions from SC/CB GET CERTIFIED and you have no worries. If you wish to go back to running discs that is an option too. This will help end the piracy problem and save the industry.
I think it is great that the option to just remove certain brands and return to running shows is being removed from pirates as an option...this is a boon to LEGAL operators
_________________ "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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birdofsong
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Posted: Sun Feb 19, 2012 12:30 pm |
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Joined: Sun Mar 08, 2009 9:25 am Posts: 965 Been Liked: 118 times
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kjathena wrote: how some people can twist things....You may not like the options but you do have them. if you are Legit then this can only help you . If you are wanting to run digital files get your permissions from SC/CB GET CERTIFIED and you have no worries. If you wish to go back to running discs that is an option too. This will help end the piracy problem and save the industry.
I think it is great that the option to just remove certain brands and return to running shows is being removed from pirates as an option...this is a boon to LEGAL operators You're forgetting the legal operators that are running other brands, but not Sound Choice or Chartbuster. Are you now saying that we have to throw away our other brands and start using those two because you believe that is the ONLY way you can be legal???? While that's a great marketing strategy for the customers that will swallow that, I personally think that is the biggest load of horse hockey I've heard in a long time. There is not just the Sound Choice certified KJs and the pirates. There are other choices and other legal people out there. It chaps my hiney everytime you forget that, which is quite often. Thank you for your cooperation. My chapped hiney thanks you, too.
_________________ Birdofsong
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earthling12357
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Posted: Sun Feb 19, 2012 12:40 pm |
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Joined: Sat Jan 08, 2011 11:21 pm Posts: 1609 Location: Earth Been Liked: 307 times
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kjathena wrote: how some people can twist things... I prefer to think of it as unraveling. We differ in opinion on whether this can only help the legit. Get certified in SC and CB and use discs for the rest? kjathena wrote: I think it is great that the option to just remove certain brands and return to running shows is being removed from pirates as an option...this is a boon to LEGAL operators That option only works for those who default on the suit. And even then it has to be enforced. What percentage of these suits default do you suppose? The rest secretly settle. The majority of those are free to stay in business and continue to compete.
_________________ KNOW THYSELF
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kjathena
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Posted: Sun Feb 19, 2012 12:45 pm |
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Joined: Tue Jun 15, 2010 3:51 pm Posts: 1636 Been Liked: 73 times
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Birdofsong, I am not concerned about operators that have pulled SC/CB and sooner or later Stellar. I am perfectly happy to see them use whatever brands they wish in whatever manner they wish as long as they can. I am just plain happy to see the pirates in my little part of the world have the options removed from them that would allow them to continue to operate by removing SC and CB and, continue to impact my business by operating with a digital library after admitting either by default (or settlement). I hope that this type of action is continued in many other areas to the benefit of ALL hard working legal karaoke hosts.
PS you may want to put some balm on that chapped hinney and keep it out of the elements
_________________ "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
Last edited by kjathena on Sun Feb 19, 2012 12:58 pm, edited 1 time in total.
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kjathena
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Posted: Sun Feb 19, 2012 12:51 pm |
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Joined: Tue Jun 15, 2010 3:51 pm Posts: 1636 Been Liked: 73 times
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Earthling12357 Most of the suits here in my little part of the world have been defaults. And I certainly hope what I have heard is true and the settlement agreements also contain the same verbage that require written permission to use digitaliized files from ALL manufactures now as well. So let them settle in secret the benefit is the same to me.
_________________ "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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earthling12357
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Posted: Sun Feb 19, 2012 1:12 pm |
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Joined: Sat Jan 08, 2011 11:21 pm Posts: 1609 Location: Earth Been Liked: 307 times
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Why would anyone agree in a settlement to purchase a soundchoice gem set and then agree on top of that to not use any other manufacturers' tracks? Does that actually make sense to you? What would be the incentive to purchase from soundchoice if they have to go out of business anyway? Isn't soundchoice's motive in these suits to collect money from those who should have paid in the first place?
And if most suits in your area are resulting in difficult to collect defaults, I wonder why soundchoice doesn't move on to another area where they can pick the low hanging fruit?
_________________ KNOW THYSELF
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kjathena
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Posted: Sun Feb 19, 2012 1:25 pm |
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Joined: Tue Jun 15, 2010 3:51 pm Posts: 1636 Been Liked: 73 times
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SC is trying to clean up the industry in this area. And what makes you think that they wont collect on the defaults? Those that contact them promptly and are quick settle I am certain are treated a bit better than those who act ignorant(and ignore the suit) or try to claim they don't have a pot to piss in. Some seem to think SC is only going after low hanging fruit ... surprise....surprise...surprise they are going after anyone who is a pirate It is better to pay up quickly if you are guilty it really is cheaper in the long run
_________________ "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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c. staley
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Posted: Sun Feb 19, 2012 1:44 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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Once again: this is not a "precedent." You can jump up and down all you like, but facts are facts.
Because it is a default, the plaintiff can pretty much write whatever they want if they are not opposed... including promises not to do karaoke on alternate Tuesdays if they like. So whatever is written into a default judgment really has nothing to do with a "Precedent." You can keep wishing and misinterpreting if it will make you feel better. Who am I to disturb your bliss?
Suffice it to say that going into the third year of lawsuits -- with dozens of suits filed in Florida -- the problem is still not "solved."
I'm keeping an eye on the declaratory suit.... that one (if the plaintiff isn't "enticed" into dropping it) is the only active one that has any real chance of becoming a precedent.
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kjathena
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Posted: Sun Feb 19, 2012 4:11 pm |
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Joined: Tue Jun 15, 2010 3:51 pm Posts: 1636 Been Liked: 73 times
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_________________ "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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c. staley
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Posted: Sun Feb 19, 2012 4:23 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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kjathena wrote: O.K Chip...Still doing my happy dance...my little part of the world is getting cleaned up just the same Right. Because going on 3 YEARS later, and dozens of lawsuits, it's still not quite "clean." But I'll light a candle for you - or rub a crystal - or whatever you do... Incredibly (in)effective...
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kjathena
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Posted: Sun Feb 19, 2012 4:31 pm |
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Joined: Tue Jun 15, 2010 3:51 pm Posts: 1636 Been Liked: 73 times
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why thank you Chip...just remember you have to have the correct intention when you light a candle
_________________ "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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c. staley
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Posted: Sun Feb 19, 2012 5:14 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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kjathena wrote: why thank you Chip...just remember you have to have the correct intention when you light a candle I have the "correct intention" alright..... but your mileage and interpretation of that may vary.... greatly.
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thewraith
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Posted: Sun Feb 19, 2012 6:44 pm |
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Joined: Wed Feb 01, 2012 7:03 am Posts: 133 Location: Boston Mass Been Liked: 0 time
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Athena not everyone against sound choice are pirates, We're Americans. I find it insulting you feel If we don't pay (again) we are pirates. 3500 kj's pay for First audit =420,000 Is that the last time they collect? CB gets 200 ok +700,000 Then the suckers that didnt have a full library buy the gem series so on so forth. Athena did you buy the Gem series? I got a feeling you did.
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timberlea
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Posted: Sun Feb 19, 2012 6:59 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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But you are not using originals, you are using copies. You cannot do that without permission and permission comes at a cost.
I suggest you consult attorneys in your area that deals in Trademark/Copyright law. That way you'll get an opinion from someone whose opinion is based on law and not one where someone thinks it should be this way or that way.
Also consider the number of suits. Surely there had to be at least a few hosts that retained attorneys, yet not one went to a trial or started countersuit of some sort. You have to ask yourself, with so many, why hasn't it happened.
_________________ You can be strange but not a stranger
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DannyG2006
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Posted: Sun Feb 19, 2012 7:05 pm |
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Joined: Sun Nov 27, 2005 11:31 am Posts: 5396 Location: Watebrury, CT Been Liked: 406 times
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thewraith wrote: Athena not everyone against sound choice are pirates, We're Americans. I find it insulting you feel If we don't pay (again) we are pirates. 3500 kj's pay for First audit =420,000 Is that the last time they collect? CB gets 200 ok +700,000 Then the suckers that didnt have a full library buy the gem series so on so forth. Athena did you buy the Gem series? I got a feeling you did. Where did Athena say that? She merely stated that the ones who have been served would have to remove the orphaned brands and others that they DO NOT have the discs for leaving them with the choice to purchase the GEM series at a higher markup than those who bought before they were sued. Nowhere was she indicating that those who have the discs and prove it with a preemptive audit of their SC or CB material that they would have to get rid of the orphaned brands as well. So Chip and Bird of song need not worry about their collection since they have stopped using the brands that are suing the pirates since they haven't yet been named in a suit. Let them loose out on the better quality tracks since they apparently don't care about song quality.
_________________ The Line Array Experiment is over. Nothing to see here. Move along.
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