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PostPosted: Sat Feb 20, 2016 9:07 am 
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Stomp your feet all you want.....*I* get to use Sound Choice and Chartbuster products in my shows. You do not.

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PostPosted: Sat Feb 20, 2016 9:54 am 
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chrisavis wrote:
Stomp your feet all you want.....*I* get to use Sound Choice and Chartbuster products in my shows. You do not.

How idiotic of a statement is that?

Explain to me again exactly how they can prevent me from using Chartbuster on a computer?.... or even Sound Choice on a disc?

Take all the time you need.

But you do "get" to pay them additional fees to play it and legally bind yourself to them....

I don't have to.


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PostPosted: Sat Feb 20, 2016 10:37 am 
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c. staley wrote:
chrisavis wrote:
Stomp your feet all you want.....*I* get to use Sound Choice and Chartbuster products in my shows. You do not.

How idiotic of a statement is that?

Explain to me again exactly how they can prevent me from using Chartbuster on a computer?.... or even Sound Choice on a disc?

Take all the time you need.

But you do "get" to pay them additional fees to play it and legally bind yourself to them....

I don't have to.


How idiotic is it to have thousands of dollars invested in product but not use it?

Explain to us again why you aren't using SC and CB products? (because you are afraid of getting sued). You keep telling people they can use it all they want, but you don't do it yourself. Put up or shut up.

You also keep telling all of us how bad of an idea it is to be bound to SC/PEP with any agreements, yet none of us have had anything bad happen.

The fact remains, those that jump though the hoops, pay a very small fee, get to use the products without any hassles. We go about our business without having to look over our shoulders. We don't have unused content collecting dust. We are making use of our investments. None of your gloom and doom about what could happen to a KJ has come to be.

Speaking only for myself, my business has blossomed and I am far more successful than I ever expected to be (despite your questioning of practically everything I have done). My company is 100% debt free. I have solid, long running gigs. My hosts are happy. My venues are happy. I am profitable. All in spite of your ongoing negative rants against all things SC/PEP and now CB.

So explain to me how I F'd up by getting certified? By having not just 1 but 3 GEM's? By registering my CB discs?

Reality has thus far dis-proven all of your sky is falling rhetoric.

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PostPosted: Sat Feb 20, 2016 5:00 pm 
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c. staley wrote:
Explain to me again exactly how they can prevent me from using Chartbuster on a computer?.... or even Sound Choice on a disc?


We have zero interest in preventing you from using Sound Choice on an original disc.

We have zero interest in preventing you from original Chartbuster media, regardless of format, on any apparatus. In fact, if you only use original Chartbuster media, you will be able to register your media at no charge.

If you want to use copies made from original Chartbuster media--regardless of what the original media are--you will need to register your original media, or you run the risk of being sued.

If you have 9 or fewer Chartbuster discs, and no Super CDGs, SD cards, or hard drives, registration will be free.

If you have an unexpired Chartbuster certification document for your system, registration for that system will be free.

If you have an expired Chartbuster certification document for your system, registration for that system will be half-price ($25).

Otherwise, registration for that system will be $50.

You have implied that because CB sold SD cards and hard drives, we'll have no way of telling whether someone who plays tracks from a computer has legitimate original media or not. But we have that problem figured out, and if we're inclined, you might just find out exactly how we plan to deal with it. I could probably tell you, but it's a lot more fun to see what your imagination conjures up.

c. staley wrote:
But you do "get" to pay them additional fees to play it and legally bind yourself to them....


Chartbuster registration requires no contract per se. Instead, there is a program description that details the steps you have to adhere to in order to keep the covenant not to sue in force. (Hint: It's not onerous in the slightest.)

c. staley wrote:
I don't have to.


Maybe so. Maybe not. We'll have to find out.


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PostPosted: Sat Feb 20, 2016 7:47 pm 
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JimHarrington wrote:
Otherwise, registration for that system will be $50.
Tell us again exactly what the registration fee is for? You want a fee, but you haven't said what that fee is actually for because if it's for a convenant not to sue, that's normally referred to as "protection money." And it can't be for "administrative costs" because you're allowing some people to register for free. Oh, now I get it: you want money from those that you believe have more money to start with as evidenced by their larger purchases.
JimHarrington wrote:
You have implied that because CB sold SD cards and hard drives, we'll have no way of telling whether someone who plays tracks from a computer has legitimate original media or not. But we have that problem figured out, and if we're inclined, you might just find out exactly how we plan to deal with it. I could probably tell you, but it's a lot more fun to see what your imagination conjures up.
Don't waste your breath, I'm not interested in more fairytales.
JimHarrington wrote:
c. staley wrote:
But you do "get" to pay them additional fees to play it and legally bind yourself to them....

Chartbuster registration requires no contract per se. Instead, there is a program description that details the steps you have to adhere to in order to keep the covenant not to sue in force. (Hint: It's not onerous in the slightest.)
You've just defined a "contract" without the "per se." How can you type this kind of crap with a straight face? Do you truly believe that KJ's are all that stupid?

You've just confirmed that the KJ has to adhere to your conditions to keep it in effect.....
So it's exactly what I said it is; a contract pure and simple.

The Dictionary wrote:
(kon-trakt)
noun
1. an agreement between two or more parties for the doing or not doing of something specified.
2. an agreement enforceable by law.
3. the written form of such an agreement.

Oh no, it's not "a contract per se"... it's just a "program," yeah, right...

I was exactly right based on your own confirmation above:
1. Pay a fee
2. Sign a legally binding contract.

It walks like a duck and it smells like a duck, don't call it a swan.


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PostPosted: Sun Feb 21, 2016 5:32 am 
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chrisavis wrote:
Stomp your feet all you want.....*I* get to use Sound Choice and Chartbuster products in my shows. You do not.


chrisavis wrote:
Explain to us again why you aren't using SC and CB products? (because you are afraid of getting sued).
Uhhhhh Chris... I must have missed it somewhere. Could you please show us where Chip said he is NOT using CB tracks?


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PostPosted: Sun Feb 21, 2016 6:52 am 
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cueball wrote:
chrisavis wrote:
Explain to us again why you aren't using SC and CB products? (because you are afraid of getting sued).
Uhhhhh Chris... I must have missed it somewhere. Could you please show us where Chip said he is NOT using CB tracks?
Exactly Cue.

Chris is just whining and stomping his feet out of frustration.


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PostPosted: Sun Feb 21, 2016 8:06 am 
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c. staley wrote:
JimHarrington wrote:
Otherwise, registration for that system will be $50.
Tell us again exactly what the registration fee is for? You want a fee, but you haven't said what that fee is actually for because if it's for a convenant not to sue, that's normally referred to as "protection money." And it can't be for "administrative costs" because you're allowing some people to register for free. Oh, now I get it: you want money from those that you believe have more money to start with as evidenced by their larger purchases.


Slow your roll, cowboy. First of all, "protection money" implies that we don't actually have the right to sue people for using counterfeit goods bearing our trademarks. The law says otherwise.

Second, the fee is for a covenant not to sue, among other services. We've said that repeatedly, from the beginning. We are not planning to charge a fee to two categories of users, both based on a status those users have: (1) A current, unexpired certification document, or (2) Using only the original media they have, not copies. We would not and could not sue either of those groups, so they get registered for no fee.

We are also allowing people who have fewer than 10 CD+G discs (and no other media) to register for free, not because we can't sue, but because we prefer not to sue someone with so little at stake. $50 is a lot to pay to register only a handful of discs.

We're also giving people a 50% break if they have an expired certificate. We don't have to do that; it's just recognition of people doing things the right way when it was available.

c. staley wrote:
JimHarrington wrote:
You have implied that because CB sold SD cards and hard drives, we'll have no way of telling whether someone who plays tracks from a computer has legitimate original media or not. But we have that problem figured out, and if we're inclined, you might just find out exactly how we plan to deal with it. I could probably tell you, but it's a lot more fun to see what your imagination conjures up.
Don't waste your breath, I'm not interested in more fairytales.


I guess we'll find out.

c. staley wrote:
JimHarrington wrote:
c. staley wrote:
But you do "get" to pay them additional fees to play it and legally bind yourself to them....

Chartbuster registration requires no contract per se. Instead, there is a program description that details the steps you have to adhere to in order to keep the covenant not to sue in force. (Hint: It's not onerous in the slightest.)
You've just defined a "contract" without the "per se." How can you type this kind of crap with a straight face? Do you truly believe that KJ's are all that stupid?

You've just confirmed that the KJ has to adhere to your conditions to keep it in effect.....
So it's exactly what I said it is; a contract pure and simple.

The Dictionary wrote:
(kon-trakt)
noun
1. an agreement between two or more parties for the doing or not doing of something specified.
2. an agreement enforceable by law.
3. the written form of such an agreement.

Oh no, it's not "a contract per se"... it's just a "program," yeah, right...


On the most technical level, it's a contract. But that's not the question. The question is, does it have those things you complain about--like, for example, a forum selection clause that would allow us to sue somebody from Michigan, for example, in North Carolina? Does it force you to modify your operations in some significant way? Does it give us control over what you do? And the answer to those questions is no.

What's required? Tell us who you are and what you have. Pay your fee. Tell us if you make changes. That's it.


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PostPosted: Sun Feb 21, 2016 9:55 am 
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Let's condense this mumbo-jumbo to what really matters:
JimHarrington wrote:
First of all, "protection money" implies that we don't actually have the right to sue people for using counterfeit goods bearing our trademarks. The law says otherwise.
"have the right to sue" is a "technicality" counsel, but I'll address that later and your definition of "counterfeit" is that it's only counterfeit until you pay us, then it's magically transformed from "counterfeit" to "licensed." (or should it be "licensed counterfeit?")

JimHarrington wrote:
Second, the fee is for a covenant not to sue, among other services. We've said that repeatedly, from the beginning. We are not planning to charge a fee to two categories of users, both based on a status those users have: (1) A current, unexpired certification document, or (2) Using only the original media they have, not copies. We would not and could not sue either of those groups, so they get registered for no fee.
You can't sue them anyway, so charging them to register is kind of stupid, but you're hoping they'll sign your contract anyway.

JimHarrington wrote:
We are also allowing people who have fewer than 10 CD+G discs (and no other media) to register for free, not because we can't sue, but because we prefer not to sue someone with so little at stake. $50 is a lot to pay to register only a handful of discs.
English translation:
"it's useless to sue people that obviously don't have enough money to pay a settlement."

JimHarrington wrote:
We're also giving people a 50% break if they have an expired certificate. We don't have to do that; it's just recognition of people doing things the right way when it was available.
Because you want the contract signed and you know that half the work is done on confirming they might have enough money to pay a settlement.

JimHarrington wrote:
c. staley wrote:
JimHarrington wrote:
You have implied that because CB sold SD cards and hard drives, we'll have no way of telling whether someone who plays tracks from a computer has legitimate original media or not. But we have that problem figured out, and if we're inclined, you might just find out exactly how we plan to deal with it. I could probably tell you, but it's a lot more fun to see what your imagination conjures up.
Don't waste your breath, I'm not interested in more fairytales.


I guess we'll find out.
Should I take that to mean that you intend to sue KJ's that have purchased CB hard drives either directly or from a distributor?
JimHarrington wrote:
c. staley wrote:
You've just confirmed that the KJ has to adhere to your conditions to keep it in effect.....
So it's exactly what I said it is; a contract pure and simple.


On the most technical level, it's a contract. But that's not the question. The question is, does it have those things you complain about--like, for example, a forum selection clause that would allow us to sue somebody from Michigan, for example, in North Carolina? Does it force you to modify your operations in some significant way? Does it give us control over what you do? And the answer to those questions is no.

What's required? Tell us who you are and what you have. Pay your fee. Tell us if you make changes. That's it.
Did it hurt to admit that it is in fact, a legally-binding contract even though you obviously want to misdirect readers by calling it a "program?"

Your business existence is based on "technicalities" Mr. Harrington. You sue "technical infringers" remember? How can you possibly minimize the importance of these technicalities? Oh, that's right, you do that to make it more palatable to the unsuspecting KJ's who think you're doing them a favor.

No one is under any legal obligation to
(1) Tell you who they are
(2) Tell you what they have
(3) Pay you any fee
(4) Tell you if they make changes
(5) Sign your technical, legally-binding, contract.

You want this information and the contract for legal purposes plain and simple, it's not to satisfy some idle curiosity. You should be more forthright with your customers as a marketing and sales director. (and I'm still waiting for an ad to show up here, btw.)


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