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 Post subject: Re: Introduction
PostPosted: Sun Sep 04, 2011 12:08 pm 
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Confidentiality agreements are quite common in business but nice try in trying to make them sound evil. You don't want to pay for the privlege of media shifting, then stick with discs. No one is forcing you to go with a computer.

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 Post subject: Re: Introduction
PostPosted: Sun Sep 04, 2011 12:42 pm 
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Wall Of Sound wrote:
c. staley wrote:
Why do they hide what they do by demanding a confidentiality agreement?



Citation please on alleged agreement?


Yes please put up proof of such an agreement, Chip.

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 Post subject: Re: Introduction
PostPosted: Sun Sep 04, 2011 12:51 pm 
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Wall Of Sound wrote:
c. staley wrote:
Why do they hide what they do by demanding a confidentiality agreement?



Citation please on alleged agreement?

Wall Of Sound wrote:
diafel wrote:
spotlightjr wrote:
Sure, people have been named that are legit operators but it's very rare and not as common as some would make you believe.

And it's not as rare as they would make you believe, either.

More hearsay.
Image

Boy, oh boy!
Your "replies" are sure getting REALLY old fast!
As for the confidentiality agreement, I've heard from several sources right here on this board that there is one (as you well know yourself). I'll leave it up to them to step and tell if there's one or not. It's not my place to put them in what may be an uncomfortable position (unlike some here, who would have no trouble with that!).


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 Post subject: Re: Introduction
PostPosted: Sun Sep 04, 2011 12:57 pm 
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IndigoSpike wrote:
I feel like we are running circles here, folks.

Will any of the companies like Sound Choice ever be moving into our digital age? Is there ANY possibility that they may start selling digital copies of their product online? If so, would it be like iTunes and bill per song and/or 'set', or just per 'set'? ( 'Set' refers to what the companies CD's are now, a whole setlist of songs. )

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 Post subject: Re: Introduction
PostPosted: Sun Sep 04, 2011 1:02 pm 
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diafel wrote:
Wall Of Sound wrote:
c. staley wrote:
Why do they hide what they do by demanding a confidentiality agreement?



Citation please on alleged agreement?

Wall Of Sound wrote:
diafel wrote:
spotlightjr wrote:
Sure, people have been named that are legit operators but it's very rare and not as common as some would make you believe.

And it's not as rare as they would make you believe, either.

More hearsay.
Image

Boy, oh boy!
Your "replies" are sure getting REALLY old fast!
As for the confidentiality agreement, I've heard from several sources right here on this board that there is one (as you well know yourself). I'll leave it up to them to step and tell if there's one or not. It's not my place to put them in what may be an uncomfortable position (unlike some here, who would have no trouble with that!).


What sources?

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 Post subject: Re: Introduction
PostPosted: Sun Sep 04, 2011 1:10 pm 
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Wall Of Sound wrote:
What sources?



You won't give yours, why should Diafel give hers?

You know what, forget it. That just looks childish of me, doesn't it?

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 Post subject: Re: Introduction
PostPosted: Sun Sep 04, 2011 1:21 pm 
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IndigoSpike wrote:
Wall Of Sound wrote:
What sources?



You won't give yours, why should Diafel give hers?

You know what, forget it. That just looks childish of me, doesn't it?


Excuse me? What source am I not giving newbie?

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 Post subject: Re: Introduction
PostPosted: Sun Sep 04, 2011 1:28 pm 
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c. staley wrote:
Sound Choice does in fact, name legit operators and don't fool yourself into believing otherwise. Wake up and smell the coffee... Why do they hide what they do by demanding a confidentiality agreement?


The existence of a confidentiality clause in a settlement agreement is entirely independent of the so-called legitimacy of the operator. Moreover, there is nothing sinister about a confidentiality clause in a settlement agreement.

We have required (or agreed to) confidentiality clauses where the operator was a pirate and where the operator was "legit."

We have not required (or not agreed to) confidentiality clauses where the operator was a pirate and where the operator was "legit."

There is simply no correlation.

I put "legit" in quotation marks because the term also includes operators who have media-shifted without notification and audit, which, strictly speaking, is not "legit" although you disagree.

There have been lots of situations in which the defendant is the one asking for confidentiality, and we usually oblige, but not always.


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 Post subject: Re: Introduction
PostPosted: Sun Sep 04, 2011 1:32 pm 
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Thank you for the clarification Mr. Harrington.

Your post will be my "citation" if this subject arises again so people who read these forums can see the facts.

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 Post subject: Re: Introduction
PostPosted: Sun Sep 04, 2011 1:41 pm 
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Wall Of Sound wrote:
IndigoSpike wrote:
Wall Of Sound wrote:
What sources?



You won't give yours, why should Diafel give hers?

You know what, forget it. That just looks childish of me, doesn't it?


Excuse me? What source am I not giving newbie?



Oh jeez. Are you really going there? Who cares if I am a 'newbie'? I am just as much a part of this community as anyone else.

With that said, as a new poster, I have seen you say things like "We shall see" and that you have implied that you have had sources. And i am not asking for myself, I am asking for ALL posters in this topic.

Now please, let's not get too childsh and call people 'n00bz' ( newbies ) and whatnot. I don't even do that in video games anymore.

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 Post subject: Re: Introduction
PostPosted: Sun Sep 04, 2011 1:55 pm 
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If you read further my references to "We shall see" currently will be revealed in October.

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 Post subject: Re: Introduction
PostPosted: Sun Sep 04, 2011 2:01 pm 
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Wall Of Sound wrote:
c. staley wrote:
Why do they hide what they do by demanding a confidentiality agreement?



Citation please on alleged agreement?

Your baiting doesn't deserve any type of response.


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 Post subject: Re: Introduction
PostPosted: Sun Sep 04, 2011 2:12 pm 
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HarringtonLaw wrote:
We have required (or agreed to) confidentiality clauses where the operator was a pirate and where the operator was "legit."

We have not required (or not agreed to) confidentiality clauses where the operator was a pirate and where the operator was "legit."

There is simply no correlation.

I put "legit" in quotation marks because the term also includes operators who have media-shifted without notification and audit, which, strictly speaking, is not "legit" although you disagree.


You're correct. We do disagree on your usage of the term "legit."

I would also disagree on your usage of the term "certified" since that normally symbolizes much more than simply a proof of purchase.


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 Post subject: Re: Introduction
PostPosted: Sun Sep 04, 2011 2:27 pm 
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c. staley wrote:
Wall Of Sound wrote:
c. staley wrote:
Why do they hide what they do by demanding a confidentiality agreement?



Citation please on alleged agreement?

Your baiting doesn't deserve any type of response.


Baiting? I asked a direct question. Whatever dude.....

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 Post subject: Re: Introduction
PostPosted: Sun Sep 04, 2011 4:38 pm 
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HarringtonLaw wrote:
JoeChartreuse wrote:
Both companies have stated straight out that they do not have authorization to give permission for the shift.


This is correct.

JoeChartreuse wrote:
What they WILL do is say that they might turn a blind eye to the shift if a KJ either owns all of the discs, or pays them a fee ( Stellar), or pays a "settlement".


This is not correct. We do not "turn a blind eye" to the shift. That is, the eye is not "blind." We grant a covenant not to sue IF the KJ submits to and passes an audit OR IF the KJ settles, deletes his pirated materials, and consents to a future audit. But that covenant not to sue is based upon an informed assessment of the situation, not a "blind" approach.

JoeChartreuse wrote:
It is my opinion that if the companies turn a blind eye to the shifting, it MAY be actionable later by the publisher/owners- kind of a civil version of being an accessory. That is merely a GUESS on my part, but I feel the possibility is there.

That's assuming, of course, that some court finds media shifting to be an icky in the future, which has not yet happened.


We don't represent the music publishers, so we have no way of forcing them to agree contractually to a particular position with regard to media-shifting. Regardless of what the state of the law is today, they could, in our common-law system, take the position in the future that media-shifting is a copyright infringement when done for commercial purposes. That's unlikely, but it's unpredictable.


Call it whatever you want. No "permission" for the media shift is granted. Media shifting may or may not be found actionable in the future. However, as long as SC gets what they want, they might IGNORE the media shift. They also may not make a point of passing on the fact that the KJ has media shifted.

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 Post subject: Re: Introduction
PostPosted: Sun Sep 04, 2011 6:01 pm 
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Wall Of Sound wrote:
c. staley wrote:
Wall Of Sound wrote:
c. staley wrote:
Why do they hide what they do by demanding a confidentiality agreement?



Citation please on alleged agreement?

Your baiting doesn't deserve any type of response.


Baiting? I asked a direct question. Whatever dude.....

Here you go:

HarringtonLaw wrote:
The existence of a confidentiality clause in a settlement agreement is entirely independent of the so-called legitimacy of the operator. Moreover, there is nothing sinister about a confidentiality clause in a settlement agreement.

We have required (or agreed to) confidentiality clauses where the operator was a pirate and where the operator was "legit."

Happy now?


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 Post subject: Re: Introduction
PostPosted: Sun Sep 04, 2011 8:01 pm 
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Chip, why must you change what people say in order to justify your rants? I never insinuated anyone who hosts karaoke get audited. What I did say was that if you use a computer to host karaoke and have media shifted SC or CB content then you must either submit to an audit or delete those manus off your drive. If that's unacceptable and you own the discs then go old school and do it the old fashioned way. Many folks still do(you included).

Also, I stated that legit kj's have been wrongfully named in lawsuits but not as many as YOU would have them believe.

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 Post subject: Re: Introduction
PostPosted: Sun Sep 04, 2011 8:19 pm 
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spotlightjr wrote:
Chip, why must you change what people say in order to justify your rants? I never insinuated anyone who hosts karaoke get audited. What I did say was that if you use a computer to host karaoke and have media shifted SC or CB content then you must either submit to an audit or delete those manus off your drive. If that's unacceptable and you own the discs then go old school and do it the old fashioned way. Many folks still do(you included).

Also, I stated that legit kj's have been wrongfully named in lawsuits but not as many as YOU would have them believe.

I'm not changing anything... and I disagree with what YOU say I MUST do...

And I still contend that there are more "legit" KJ's wrongfully named in lawsuits than you think.


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 Post subject: Re: Introduction
PostPosted: Mon Sep 05, 2011 2:14 pm 
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c. staley wrote:
Wall Of Sound wrote:
c. staley wrote:
Wall Of Sound wrote:
c. staley wrote:
Why do they hide what they do by demanding a confidentiality agreement?



Citation please on alleged agreement?

Your baiting doesn't deserve any type of response.


Baiting? I asked a direct question. Whatever dude.....

Here you go:

HarringtonLaw wrote:
The existence of a confidentiality clause in a settlement agreement is entirely independent of the so-called legitimacy of the operator. Moreover, there is nothing sinister about a confidentiality clause in a settlement agreement.

We have required (or agreed to) confidentiality clauses where the operator was a pirate and where the operator was "legit."

We have not required (or not agreed to) confidentiality clauses where the operator was a pirate and where the operator was "legit."

Happy now?


I asked YOU before Mr. Harrington posted the information.

c. staley Sun Sep 04, 2011 9:56 am
viewtopic.php?f=26&t=22072&p=310869&hilit=+they+hide+what#p310869

Wall Of Sound Sun Sep 04, 2011 12:23 pm
viewtopic.php?f=26&t=22072&p=310877&hilit=+alleged+agreement%3F#p310877

HarringtonLaw Sun Sep 04, 2011 2:28 pm
viewtopic.php?f=26&t=22072&p=310888&hilit=+or+agreed+to+#p310888

Where is your original citation?

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 Post subject: Re: Introduction
PostPosted: Mon Sep 05, 2011 8:05 pm 
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Wall Of Sound wrote:
I asked YOU before Mr. Harrington posted the information.


And you now have your citation so are you whining about when you got it or where you got it from and not that you have it at all?

You're one of those "the glass is half empty" kinda of guys right?


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