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 Post subject: Re: Introduction
PostPosted: Sun Aug 21, 2011 10:52 pm 
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The Lone Ranger wrote:
Oh by the way Joe did you get the amp/mixer at Starr, just curious, since I have never dealt with that particular firm?


Out of stock at this time. They say they will have more and will notify me, but I won't hold my breath... Thanks just the same for your time and effort, Lone.. :D

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 Post subject: Re: Introduction
PostPosted: Sun Aug 21, 2011 11:03 pm 
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c. staley wrote:
Wall Of Sound wrote:
JoeChartreuse wrote:
She also deleted all SC ( about 3K of her 54K) and feels comfortable and relaxed.


Cool. Now she will get charged with spoliation of evidence!


You really need to do some research and question your spoon-fed propaganda. Simply having them on a drive is not illegal in and of itself...


Correct. Like McLeod's, someone will have to have witnessed them in use- which never happened at McLeod's.

Honestly, at this point a KJ would have to have an idiot of a lawyer to lose in court, considering past recorded discrepancies, Logos affixed to unlicensed product, and the actions of the company itself. Conversely, SC would be ill-advised to step into a courtroom, with the possibility of not only losing their litigation-based income in one fell swoop, but what seems to be a strong case for those seeking legal/civil reprisal. Then again, I'm not Perry Mason, and I HAVE heard of the weirdest stuff happen in court....but I wouldn't bet the farm on it..

Speaking of which, I'm wondering if NJ will follow suit and null the mass suit in favor of individuals, which would raise the $350 filing to something like $7,000

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 Post subject: Re: Introduction
PostPosted: Tue Aug 23, 2011 4:13 am 
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The Lone Ranger wrote:
JoeChartreuse wrote:
I should clarify that northern NJ is fairly densely populated with singers, bars, and KJs. Even if EVERYONE on the list disappeared it wouldn't make a dent, and certainly 2-6 mean nothing.

BTW- The actual pirate that finally got named hasn't missed a step, and no venues have a problem with her, including several on the same night. I know it's too early to tell, but at this point- after speaking to her- she feels it's a joke. She has apparently spoken to some IP guys ( not mine) and they say there is no case. She also deleted all SC ( about 3K of her 54K) and feels comfortable and relaxed. I'll let you know if that changes...



:shock: I finally ran into a host? who was approached by SC Joe last night! He told me that he was notified by the manu, did not buy the GEM series, and merely deleted the SC from his hard drive. He still has 190,000 songs after getting rid of SC by his own admission. He is still hired and that is the end of it. Makes me pause and wonder just what the crusade to rid the world of piracy is all about? I can't come out and label him a pirate, I have my feeling that he might be, but if SC isn't going to pursue the matter, what's it to me? He hasn't cost me any business, I just went to check out the show, I had one of my rare weekend night's off. He has a following and I guess has been in the business awhile. He said the laptop and hard drive were a birthday present from his loyal fans. From what he told me he has been using it for the last 5 years. From what I gathered there isn't a great enough number of illegal hosts in the area, and the ones that exist have nothing to go after. Therefore it is not cost effective for SC to go after them, of course this is just my opinion. In the past I have suspected some hosts maybe illegal, but like I have said before without evidence I'm very reluctant to label any host with the P of pirate. Usually they don't last in business too long since their product while cheap is inferior, and a great many self destruct. Oh by the way Joe did you get the amp/mixer at Starr, just curious, since I have never dealt with that particular firm?



:? So I guess the question I would like answered is it justice or sales that SC is most concerned with? If they do catch some one they are not running them out of business, since the goal seems to be maximize profits, by making them new loyal customers. In the case of the suspected pirate I have met, nothing was done basically, except he has dropped the SC part of his library, and life goes on. He did not pass go, he did not use his get out of jail free card, his piece is still on the board, and the game continues? So is this like a Shakespeare play "Much Ado About Nothing"?


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 Post subject: Re: Introduction
PostPosted: Fri Aug 26, 2011 3:29 pm 
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Mr. Harrington, can you post a copy of the warning letter that was sent to the various Venues (before they were named in any lawsuits)... the one that stated (something along the lines) not to hire a KJ if they are not "Certified" or are not listed in SC's website as being legit?


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 Post subject: Re: Introduction
PostPosted: Fri Aug 26, 2011 4:09 pm 
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cueball wrote:
Mr. Harrington, can you post a copy of the warning letter that was sent to the various Venues (before they were named in any lawsuits)... the one that stated (something along the lines) not to hire a KJ if they are not "Certified" or are not listed in SC's website as being legit?

I'd be interested in this as well, but I would ask you make sure that it's not been amended and is as original as the venue owners got.


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 Post subject: Re: Introduction
PostPosted: Sun Aug 28, 2011 8:03 am 
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diafel wrote:
cueball wrote:
Mr. Harrington, can you post a copy of the warning letter that was sent to the various Venues (before they were named in any lawsuits)... the one that stated (something along the lines) not to hire a KJ if they are not "Certified" or are not listed in SC's website as being legit?

I'd be interested in this as well, but I would ask you make sure that it's not been amended and is as original as the venue owners got.



That would be a good thing to see, yes. But I have a question to anyone who may be able to answer for me. What would be the 'consequences' ( for lack of a better word... Sorry, it's morning... ) if there was no warning letters sent? Basically I am asking this: If a pub/bar/club/whatever does not know anything about karaoke piracy and suddenly got hit by a lawsuit, what could they do to protect themselves? It's not always so easy to spot a karaoke host who's 'gone pirate'. I mean, we know what to look for, but what if the owner of the establishment has no idea?

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 Post subject: Re: Introduction
PostPosted: Sun Aug 28, 2011 12:27 pm 
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cueball wrote:
Mr. Harrington, can you post a copy of the warning letter that was sent to the various Venues (before they were named in any lawsuits)... the one that stated (something along the lines) not to hire a KJ if they are not "Certified" or are not listed in SC's website as being legit?


To my knowledge, no such letter has ever been sent. I am reasonably certain that we would not send a letter saying not to hire a KJ if they are not certified. In fact, I don't believe we have ever sent a letter saying not to hire anyone. I believe that there are some materials that do say that we will not sue someone who hires a certified KJ. Those are not the same thing.

Because our letters are individualized, I can't simply post a copy of the letters that have been sent, but I can post the text of an example letter that has had the identifying information redacted.

------------------
(Date)

(Venue Name/Address)

Re: Intellectual Property Infringement through karaoke - URGENT ACTION NEEDED BY (Future Date)

Dear Owner or Manager:

This letter includes important information about pending lawsuits. Please do not ignore it.

Slep‐Tone Entertainment Corporation is the owner of the popular line of karaoke music sold under the brand name Sound Choice®. Our firm represents Slep‐Tone in several trademark infringement lawsuits recently filed in the U.S. District Court for the ________ District of _______. You are receiving this letter because, either currently or at some point in the recent past, you have hired a karaoke host who is a defendant in one of those lawsuits.

You may not have been aware that as a venue where karaoke is provided, you bear responsibility for the karaoke hosts you hire to provide those services, and you can be held liable if they commit acts of infringement. The purpose of this letter is to inform you of that fact and to give you an opportunity to avoid being sued for the acts of your employees or contractors.

In order to help venues avoid being sued, Sound Choice has established a Safe Harbor program that makes complying with the law easy. We want you to have karaoke in your venue. But we need your help to make sure that the people you hire aren’t stealing Sound Choice’s music. It couldn’t be easier to sign up for the program. You can find out more about the program, and sign up, by visiting http://scsafeharbor.com.

To begin the process, all we need from you is some basic information (name, address, phone number, etc.) and a commitment from you that you’ll require the hosts you hire to register with us. For hosts, registration means filling out a short questionnaire about their karaoke operations. If you’re in the program, you won’t be sued for hiring a registered host—even if it turns out that host isn’t operating legally. Best of all, the program is 100% free to you and your host.

We’ve even included a copy of the venue registration form in this package for your convenience. If you prefer, you can register online. Registration forms for your hosts can be downloaded from the website, or your hosts can register online as well.

If the host you’re using now is operating illegally, and you don’t sign up for the program, you run the risk of being sued for the host’s acts of infringement. Slep-Tone is preparing to file another lawsuit in _________ in about three weeks. If you sign up for this program by (future date), you will not be included as a defendant in that lawsuit, and—if you complete the steps required to maintain the safe harbor—you can continue to feature karaoke in your establishment without worrying about a lawsuit from Slep-Tone.

Thank you for taking the time to review this material. We hope you will choose to join the Safe Harbor program. If not, you should understand that Slep-Tone is taking steps to enforce its rights through the courts. Whether you join the Safe Harbor program or not, you have a continuing obligation to prevent your employees or contractors from infringing Slep-Tone’s rights when they provide karaoke services in your establishment.

Sincerely yours,

HARRINGTON LAW, P.C.

/s/

By James M. Harrington


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 Post subject: Re: Introduction
PostPosted: Sun Aug 28, 2011 12:32 pm 
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Just to clarify, I'm not saying that letters haven't been sent, just that letters of the type described have not been sent. The letter above is an example of the letters that do get sent.


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 Post subject: Re: Introduction
PostPosted: Sun Aug 28, 2011 12:42 pm 
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i can easily see a venue thinking that if they don't hire a certified KJ they would get sued. between the wording in the letter, and the KIAA forms, it seems that way.

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 Post subject: Re: Introduction
PostPosted: Sun Aug 28, 2011 2:02 pm 
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Paradigm Karaoke wrote:
i can easily see a venue thinking that if they don't hire a certified KJ they would get sued. between the wording in the letter, and the KIAA forms, it seems that way.


You do understand that being a "certified KJ" and being registered for the safe harbor program are two completely different things, right?

I do not see how anyone who objectively looks at that letter could view it as saying "hire a certified KJ or else we sue." I do, however, see how someone who is predisposed to object, no matter how spurious the grounds, to any enforcement effort by Sound Choice who see it that way.

Like it or not, venues that take the "hear no evil, see no evil" approach are part of the problem.


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 Post subject: Re: Introduction
PostPosted: Sun Aug 28, 2011 2:51 pm 
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HarringtonLaw wrote:
Like it or not, venues that take the "hear no evil, see no evil" approach are part of the problem.


Hear, hear! :biggrinthumb:

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 Post subject: Re: Introduction
PostPosted: Sun Aug 28, 2011 4:48 pm 
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Wall Of Sound wrote:
HarringtonLaw wrote:
Like it or not, venues that take the "hear no evil, see no evil" approach are part of the problem.


Hear, hear! :biggrinthumb:


Many venues, just don't have a clue.......just like anything else, a little education goes a long way.....weeds out, at least those with a conscience.


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 Post subject: Re: Introduction
PostPosted: Sun Aug 28, 2011 5:48 pm 
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johnny reverb wrote:
Wall Of Sound wrote:
HarringtonLaw wrote:
Like it or not, venues that take the "hear no evil, see no evil" approach are part of the problem.


Hear, hear! :biggrinthumb:


Many venues, just don't have a clue.......just like anything else, a little education goes a long way.....weeds out, at least those with a conscience.


Every venue I could find that has karaoke in my market share, including my clients, have been sent educational materials from The KIAA.

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 Post subject: Re: Introduction
PostPosted: Sun Aug 28, 2011 6:28 pm 
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We got the Safe Harbor info pack sent to our club.

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 Post subject: Re: Introduction
PostPosted: Sun Aug 28, 2011 7:22 pm 
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Yup, every venue I did at the time had KIAA material as well. I know this because they all brought it to me with questions.

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 Post subject: Re: Introduction
PostPosted: Sun Aug 28, 2011 11:49 pm 
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HarringtonLaw wrote:
You do understand that being a "certified KJ" and being registered for the safe harbor program are two completely different things, right?

I do not see how anyone who objectively looks at that letter could view it as saying "hire a certified KJ or else we sue." I do, however, see how someone who is predisposed to object, no matter how spurious the grounds, to any enforcement effort by Sound Choice who see it that way.

Like it or not, venues that take the "hear no evil, see no evil" approach are part of the problem.


so i could get in the safe harbor program, without an audit? how exactly does that get verified without an audit? and for the record, i am the only one in AZ with both SC and CB certs so i am not "predisposed to object, no matter how spurious the grounds, to any enforcement effort by Sound Choice".
hear no evil, see no evil is a major part of the issue. it may cost them more down the road, but as long as it does not cost them more right now, it's ok. most bar owners are truly morons.

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 Post subject: Re: Introduction
PostPosted: Mon Aug 29, 2011 1:14 am 
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Paradigm Karaoke wrote:
most bar owners are truly morons.


.....drunken morons.

I'm happy my clients are mainly casino's & restaurants.

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 Post subject: Re: Introduction
PostPosted: Mon Aug 29, 2011 6:43 am 
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JoeChartreuse wrote:
Correct. Like McLeod's, someone will have to have witnessed them in use- which never happened a Mcleods


You continue to bring up a dolphin that was caught in tuna net, let that one go! What of the ones that have settled?

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 Post subject: Re: Introduction
PostPosted: Mon Aug 29, 2011 8:49 pm 
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Paradigm Karaoke wrote:
i can easily see a venue thinking that if they don't hire a certified KJ they would get sued. between the wording in the letter, and the KIAA forms, it seems that way.


I have saved, printed, and stored this template, as I do all SC or SC represented posts.


Agreed. I especially like this part:

"_______. You are receiving this letter because, either currently or at some point in the recent past, you have hired a karaoke host who is a defendant in one of those lawsuits."

Kind of a "license to kill", but for mailings. The venues would have no idea about past hosts, and no way of finding out.

I will take the liberty of assuming for the purposes of this post that these letters have actually only been mailed to venues whose hosts have actually had suits FILED against them ( though personally, I have doubts). Even if this were so, it is worded in such a way as to cause the venue to presume guilt. There is no disclaimer stating that said suits have not yet been resolved ( if that is the case), and that the host may be innocent of ANY wrongdoing. This may even be actionable, if damages to the KJ, such as the loss of the venue due to wavemaking, were to ensue.

Also, no mention that hosts that either use original mfrs. discs in their show, or who can show them to the venue management would be considered exempt from legal problems.

In other words, SC has set THEMSELVES and ONLY THEMSELVES up as the judge and jury of who is operating honestly, without giving any obvious alternatives.

Of course, this is great for them, if they can sucker a venue into thinking that SC is more than they really are.

An absolutely sickening disregard for Karaoke professionals everywhere, and the whole karaoke business in general.


PLEASE NOTE: I understand that HarringtonLaw was under no obligation to post that template. Despite my feeling in regard to it's content, I appreciate the fact that he did so. Thank you.

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Last edited by JoeChartreuse on Mon Aug 29, 2011 9:16 pm, edited 1 time in total.

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 Post subject: Re: Introduction
PostPosted: Mon Aug 29, 2011 9:10 pm 
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rumbolt wrote:
JoeChartreuse wrote:
Correct. Like McLeod's, someone will have to have witnessed them in use- which never happened a Mcleods


You continue to bring up a dolphin that was caught in tuna net, let that one go! What of the ones that have settled?


Well, you keep mangling the analogy. Dragnets are NOT selective. They catch EVERYTHING, and then, if they get lucky, they get a a tuna or two. In other words, completely opposite of your analogy.

What of the the ones who settled? Were they guilty of wrongdoing, or merely misinformed/uneducated, or were intimidated by the same tactics that were used to make a KJ who posted here ( Athena remembers her name, but I don't) to make her settle? She stated that she wouldn't have had she had more information, though then proceeded to become a "cheerleader" after settling. go figure...

No one knows what happened in most of the "settlements". I ,for one, suspect that different hosts may have been treated differently depending on, um, ..their "level of cooperation". However, no one knows.

Therefore, let go of the settlements. There are no answers forthcoming from them.

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