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timberlea
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Posted: Mon Mar 31, 2014 6:52 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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Bruce it doesn't matter if nobody else does it, doesn't do it, or somewhere in between, legislation allows them to do it. It is that simple. I don't know why you are so perturbed about it.
_________________ You can be strange but not a stranger
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earthling12357
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Posted: Mon Mar 31, 2014 8:55 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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What an odd complaint.
Digitrax files a lawsuit against Universal asking for millions of dollars in damages because Universal merely threatened to sue them? Then, the very e-mail texts they submitted as exhibits contain clear answers as to why Universal rightly claimed they were infringing. If they truly believe the threatened lawsuit has no merit, perhaps they should not have removed their Universal content.
I think it’s a bit odd for Digitrax to make waves with Universal over this stuff considering that the formation of Digitrax is directly related to the dismantling of Chartbuster, and that Universal is still trying to collect on a million dollar plus judgment against Chartbuster. Could this be a trap set by Universal to recover what they couldn't when the "investors" of Chartbuster took off with the Chartbuster assets and formed Digitrax?
It's also odd that there are two threads on this forum discussing this simultaneously.
_________________ KNOW THYSELF
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JoeChartreuse
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Posted: Mon Mar 31, 2014 10:49 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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You know what? I never thought of that. You may well have hit the nail on the head. Let's see how fast UM countersues...
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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The Lone Ranger
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Posted: Tue Apr 01, 2014 4:27 am |
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Joined: Fri Jun 17, 2011 8:22 am Posts: 6103 Been Liked: 634 times
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DannyG2006 wrote: The authorization of copies is dependant on each manufacturer's policy. So far only two manufacturing companies have instuted audits as requirements of gaining permission. The others have decided to trust the user that they have the actual discs to back up what they have on hard drive. So what does that tell you Danny? Only two manus out of 30 or 40 or more decide to sue, if this is such a sure fire money maker then why haven't they tried the recovery route? Now in all fairness some manus have gone out of business, some have adapted to changing times and still thrive. Of the two that have gone the legal recovery route are both even offering audits? I know SC still is, what about the other DT/PR/CB/WWD? I know there was talk of setting up a new audit system for them, did they ever resume? Gretchen was supposed to be training new auditors and that was the last I heard of the renewed audit process for CB product. Then there was some talk that the audit would only be good for one day, hardly worth the time and expense of having it done. There are still cases pending in Tennessee the only state I know of where hosts are being sued for their CB content by DT/PR/CB/WWD. I guess the wheels of justice are turning slowly and it will be some time before the out come is known. So that raises the question Danny with only two manus throwing their weight around why even bother to buy their product? There is plenty of other good product out there where there would be no legal problems. Especially since neither SC or Chartbuster are currently making any new product, both have been out of the new production part of the business for 5 years or more. They need to either find a way to get back to their core business, or bow out gracefully and save what's left of their tarnished reputations.
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BruceFan4Life
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Posted: Tue Apr 01, 2014 6:40 am |
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Joined: Wed May 18, 2005 10:03 pm Posts: 2674 Location: Jersey Been Liked: 160 times
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timberlea wrote: Bruce it doesn't matter if nobody else does it, doesn't do it, or somewhere in between, legislation allows them to do it. It is that simple. I don't know why you are so perturbed about it. Perturbed by it? I'm amused by it, Tim. It's a joke.
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DannyG2006
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Posted: Tue Apr 01, 2014 7:31 am |
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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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The Lone Ranger wrote: DannyG2006 wrote: The authorization of copies is dependant on each manufacturer's policy. So far only two manufacturing companies have instuted audits as requirements of gaining permission. The others have decided to trust the user that they have the actual discs to back up what they have on hard drive. So what does that tell you Danny? Only two manus out of 30 or 40 or more decide to sue, if this is such a sure fire money maker then why haven't they tried the recovery route? Now in all fairness some manus have gone out of business, some have adapted to changing times and still thrive. Of the two that have gone the legal recovery route are both even offering audits? I know SC still is, what about the other DT/PR/CB/WWD? I know there was talk of setting up a new audit system for them, did they ever resume? Gretchen was supposed to be training new auditors and that was the last I heard of the renewed audit process for CB product. Then there was some talk that the audit would only be good for one day, hardly worth the time and expense of having it done. There are still cases pending in Tennessee the only state I know of where hosts are being sued for their CB content by DT/PR/CB/WWD. I guess the wheels of justice are turning slowly and it will be some time before the out come is known. So that raises the question Danny with only two manus throwing their weight around why even bother to buy their product? There is plenty of other good product out there where there would be no legal problems. Especially since neither SC or Chartbuster are currently making any new product, both have been out of the new production part of the business for 5 years or more. They need to either find a way to get back to their core business, or bow out gracefully and save what's left of their tarnished reputations. Simply because they make a superior product over most of the rest.
_________________ The Line Array Experiment is over. Nothing to see here. Move along.
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Cueball
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Posted: Tue Apr 01, 2014 9:03 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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The Lone Ranger wrote: Then there was some talk that the audit would only be good for one day, hardly worth the time and expense of having it done. There were discussion in other topic threads about this, and it was already explained (how you are misinterpreting that statement). Go back and search for it. The Lone Ranger wrote: Especially since neither SC or Chartbuster are currently making any new product, both have been out of the new production part of the business for 5 years or more. Chartbuster is now DT, and DT IS MAKING new product.
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doowhatchulike
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Posted: Tue Apr 01, 2014 9:12 am |
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Joined: Wed Sep 21, 2011 8:35 am Posts: 752 Images: 1 Been Liked: 73 times
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DannyG2006 wrote: The authorization of copies is dependant on each manufacturer's policy. So far only two manufacturing companies have instuted audits as requirements of gaining permission. The others have decided to trust the user that they have the actual discs to back up what they have on hard drive. This statement only holds true if the policies made by any given manufacturer are themselves legal...
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JimHarrington
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Posted: Tue Apr 01, 2014 9:17 am |
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Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
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earthling12357 wrote: Digitrax files a lawsuit against Universal asking for millions of dollars in damages because Universal merely threatened to sue them?
Digitrax filed a lawsuit against Universal, asking for millions of dollars in damages, because Universal reneged on what Digitrax considered to be an enforceable license agreement, costing Digitrax a significant amount of money. earthling12357 wrote: Then, the very e-mail texts they submitted as exhibits contain clear answers as to why Universal rightly claimed they were infringing.
It's not as clear-cut as you might have expected. I assure you that for the last two decades, this is the way in which karaoke licensing has been done. The parties agree on essential terms, then when they get around to it--which may not be until the agreement term is nearly up--they write a formal license. earthling12357 wrote: If they truly believe the threatened lawsuit has no merit, perhaps they should not have removed their Universal content.
Whether the threatened lawsuit has merit or not is a question that will be ultimately left up to a judge or a jury who may see things differently from the way they really are. With the potential stakes as high as they are, the only rational choice is to pull the content pending the outcome. No legal position is ever bulletproof. earthling12357 wrote: I think it’s a bit odd for Digitrax to make waves with Universal over this stuff considering that the formation of Digitrax is directly related to the dismantling of Chartbuster, and that Universal is still trying to collect on a million dollar plus judgment against Chartbuster. Could this be a trap set by Universal to recover what they couldn't when the "investors" of Chartbuster took off with the Chartbuster assets and formed Digitrax?
It may well be a trap set by Universal, but I doubt it bears any relation to UMG's judgment against Chartbuster. It is also an overly simplistic view of the transaction to say that "the formation of Digitrax is directly related to the dismantling of Chartbuster."
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doowhatchulike
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Posted: Tue Apr 01, 2014 9:34 am |
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Joined: Wed Sep 21, 2011 8:35 am Posts: 752 Images: 1 Been Liked: 73 times
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earthling12357 wrote:
"Digitrax files a lawsuit against Universal asking for millions of dollars in damages because Universal merely threatened to sue them?"
HarringtonLaw wrote:
"Digitrax filed a lawsuit against Universal, asking for millions of dollars in damages, because Universal reneged on what Digitrax considered to be an enforceable license agreement, costing Digitrax a significant amount of money."
earthling12357 wrote:
"Then, the very e-mail texts they submitted as exhibits contain clear answers as to why Universal rightly claimed they were infringing."
HarringtonLaw wrote:
"It's not as clear-cut as you might have expected. I assure you that for the last two decades, this is the way in which karaoke licensing has been done. The parties agree on essential terms, then when they get around to it--which may not be until the agreement term is nearly up--they write a formal license."
Despite the probability that there may have been a time when legal concerns were not at the forefront of purchases' thoughts, I cannot help but believe that if this kind of approach to "contracts" was known by the public-at-large, sales numbers would have undoubtedly been significantly lower. Obviously, it goes without saying that this could probably be said about many products in use by us all every day...
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The Lone Ranger
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Posted: Tue Apr 01, 2014 11:08 am |
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Extreme Plus Poster |
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Joined: Fri Jun 17, 2011 8:22 am Posts: 6103 Been Liked: 634 times
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cueball wrote: The Lone Ranger wrote: Then there was some talk that the audit would only be good for one day, hardly worth the time and expense of having it done. There were discussion in other topic threads about this, and it was already explained (how you are misinterpreting that statement). Go back and search for it. The Lone Ranger wrote: Especially since neither SC or Chartbuster are currently making any new product, both have been out of the new production part of the business for 5 years or more. Chartbuster is now DT, and DT IS MAKING new product. Not under the CB Logo cue they have to make it under the DT logo, so it is not really new CB material. All DT and PR are doing is trying the legal recovery gambit for old CB material. They are playing good cop DT and bad cop PR to try and get either settlements or Cloud subscriptions.
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The Lone Ranger
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Posted: Tue Apr 01, 2014 11:16 am |
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Joined: Fri Jun 17, 2011 8:22 am Posts: 6103 Been Liked: 634 times
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DannyG2006 wrote: Simply because they make a superior product over most of the rest. Should it be said they made a good product, the past tense. Neither SC or CB has made any new product with their logo on it for some time. When I was hosting the most requested brand was DK, sorry to shatter your world there. There are other manus that make excellent product, Zoom, I was also surprised how good some of the Party Time material is now, DK, and for old standards some of MM is pretty good, not to mention Pocket Songs which is still in business and actually making new music.
Last edited by The Lone Ranger on Wed Apr 02, 2014 4:17 am, edited 1 time in total.
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Cueball
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Posted: Tue Apr 01, 2014 11:37 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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The Lone Ranger wrote: Not under the CB Logo cue they have to make it under the DT logo, so it is not really new CB material. In that case, understand this... CB filed Bankruptcy and went out of business. You're not going to see anything new by "CB" ever again (unless they go back into business using the CB name again). Anything else about CB is a moot point. The Lone Ranger wrote: All DT and PR are doing is trying the legal recovery gambit for old CB material. They are playing good cop DT and bad cop PR to try and get either settlements or Cloud subscriptions. PR is all about the recovery process (whatever it is that they have done so far, or are planning to do in the future). DT is not all about Cloud Subscriptions. I didn't need a Cloud Subscription to purchase new stuff from DT. I purchased their Taylor Swift "Red" album as a download, and subsequently burned the song tracks to disc (so that I can use them at a show (if I ever host one)).
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JoeChartreuse
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Posted: Tue Apr 01, 2014 8:29 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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DannyG2006 wrote: The authorization of copies is dependant on each manufacturer's policy. So far only two manufacturing companies have instuted audits as requirements of gaining permission. The others have decided to trust the user that they have the actual discs to back up what they have on hard drive. Sorry Dan, but you have been misled. The courts have already given the permission for media to media backups during the software wars of the 90s, and it supercedes the mfrs. As for media SHIFTED backups, questions arise regarding their coverage in that decision because they barely existed back then. This is what some mfrs. have been hanging their star on these days. Either way, some copies for back-up ARE autborized wbether the mfrs. admit it or not. They would obviously prefer that you buy two copies rather than make a backup, but their preference has been superceded. The warning on some karaoke discs is designed to be misleading, implying a meaning that does not apply.
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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timberlea
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Posted: Wed Apr 02, 2014 3:59 am |
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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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For non-commercial use.
_________________ You can be strange but not a stranger
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The Lone Ranger
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Posted: Wed Apr 02, 2014 4:15 am |
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Joined: Fri Jun 17, 2011 8:22 am Posts: 6103 Been Liked: 634 times
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timberlea wrote: For non-commercial use. If the product is only for non-commercial use tim then why is the host buying it? I thought the purpose of the library was to use commercially. Does that mean that all commercial karaoke service enterprises have been operating illegally all these years? If so do all hosts and former hosts have to turn themselves in tim? I think not what the legal process manus want is for commercial karaoke to continue and thrive so they can get their pay offs, their piece of the pie.
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timberlea
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Posted: Wed Apr 02, 2014 5:05 am |
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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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LR, you cannot copy for commercial use. Imagine what would happen if a large corporation were to buy one Windows 8, XP or whatever and used that one copy on ALL their computers, do you honestly think Microsoft would allow it. I think not, which is why the legislation specifically says copying for personal use only (and a few other exceptions).
_________________ You can be strange but not a stranger
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rumbolt
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Posted: Wed Apr 02, 2014 7:13 am |
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Joined: Sun May 30, 2004 6:38 pm Posts: 804 Location: Knoxville, Tennessee Been Liked: 56 times
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The Lone Ranger wrote: DannyG2006 wrote: The authorization of copies is dependant on each manufacturer's policy. So far only two manufacturing companies have instuted audits as requirements of gaining permission. The others have decided to trust the user that they have the actual discs to back up what they have on hard drive. So what does that tell you Danny? Only two manus out of 30 or 40 or more decide to sue, if this is such a sure fire money maker then why haven't they tried the recovery route? Now in all fairness some manus have gone out of business, some have adapted to changing times and still thrive. Of the two that have gone the legal recovery route are both even offering audits? I know SC still is, what about the other DT/PR/CB/WWD? I know there was talk of setting up a new audit system for them, did they ever resume? Gretchen was supposed to be training new auditors and that was the last I heard of the renewed audit process for CB product. Then there was some talk that the audit would only be good for one day, hardly worth the time and expense of having it done. There are still cases pending in Tennessee the only state I know of where hosts are being sued for their CB content by DT/PR/CB/WWD. I guess the wheels of justice are turning slowly and it will be some time before the out come is known. So that raises the question Danny with only two manus throwing their weight around why even bother to buy their product? There is plenty of other good product out there where there would be no legal problems. Especially since neither SC or Chartbuster are currently making any new product, both have been out of the new production part of the business for 5 years or more. They need to either find a way to get back to their core business, or bow out gracefully and save what's left of their tarnished reputations. You have funny jethro math, Chartbuster is out of business/gone/closed/disolved and they will never make new stuff but they have only been gone for 2 years not five. The company now that has relicensed some of the former CB tracks is now thriving an producing new product every month. You really need to get your facts straight. Retirement must be softening you noodle even more than it already is.
_________________ No venue to big or too small. From your den to the local club or event, we have the music most requested. Great sounding system!
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The Lone Ranger
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Posted: Wed Apr 02, 2014 8:43 am |
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Joined: Fri Jun 17, 2011 8:22 am Posts: 6103 Been Liked: 634 times
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timberlea wrote: LR, you cannot copy for commercial use. Imagine what would happen if a large corporation were to buy one Windows 8, XP or whatever and used that one copy on ALL their computers, do you honestly think Microsoft would allow it. I think not, which is why the legislation specifically says copying for personal use only (and a few other exceptions). So you are saying tim, that a host buying material and using it in his show cannot backup the material or transfer it to a hard drive? While it is true you cannot sell Windows 8 copies to others, I don't see how commercial use applies to individual hosts buying their original material and using it to run a single host series of shows. Now if multiple hosts are employed at various venues at the same time naturally you would need a individual set of material for each gig. Also if the host is in the business of copying material and selling it as original then I could see where there would be a problem.
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The Lone Ranger
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Posted: Wed Apr 02, 2014 9:09 am |
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Joined: Fri Jun 17, 2011 8:22 am Posts: 6103 Been Liked: 634 times
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rumbolt wrote: The Lone Ranger wrote: DannyG2006 wrote: The authorization of copies is dependant on each manufacturer's policy. So far only two manufacturing companies have instuted audits as requirements of gaining permission. The others have decided to trust the user that they have the actual discs to back up what they have on hard drive. So what does that tell you Danny? Only two manus out of 30 or 40 or more decide to sue, if this is such a sure fire money maker then why haven't they tried the recovery route? Now in all fairness some manus have gone out of business, some have adapted to changing times and still thrive. Of the two that have gone the legal recovery route are both even offering audits? I know SC still is, what about the other DT/PR/CB/WWD? I know there was talk of setting up a new audit system for them, did they ever resume? Gretchen was supposed to be training new auditors and that was the last I heard of the renewed audit process for CB product. Then there was some talk that the audit would only be good for one day, hardly worth the time and expense of having it done. There are still cases pending in Tennessee the only state I know of where hosts are being sued for their CB content by DT/PR/CB/WWD. I guess the wheels of justice are turning slowly and it will be some time before the out come is known. So that raises the question Danny with only two manus throwing their weight around why even bother to buy their product? There is plenty of other good product out there where there would be no legal problems. Especially since neither SC or Chartbuster are currently making any new product, both have been out of the new production part of the business for 5 years or more. They need to either find a way to get back to their core business, or bow out gracefully and save what's left of their tarnished reputations. You have funny jethro math, Chartbuster is out of business/gone/closed/disolved and they will never make new stuff but they have only been gone for 2 years not five. The company now that has relicensed some of the former CB tracks is now thriving an producing new product every month. You really need to get your facts straight. Retirement must be softening you noodle even more than it already is. Not quite right Chartbuster made it's last product in 2011 we are now in 2014 that is more like three years, SC has not made any new product since 2009 so 5 years is correct. Not that it makes any difference since like you point out CB is gone the way of the buffalo. Even though there are still those that want to sell buffalo burgers. One thing nice about being retired, none of this is touching me now, and I can sit back and watch like tim in Canada, and the hosts in Europe where all of this has no meaning.
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