Karaoke Forums

Well then Toq you'll have to do the right thing and report him to the bar, since you believe he is doing something against the rules of the bar.

_________________
You can be strange but not a stranger

Lockdown in 3, 2, 1.

Well I'm gonna have to side with Timberlea on this one. Just because he didn't lists ALL his area's of LAW doesn't mean he can't practice in that field.

The form that Toger brought up says that the CAN not that the MUST check their areas of expertise. Also I don't see where IP Law is listed either.

Kinda like a Doctor says he's a GP (general practitioner). Just because he doesn't list Colon Rectal Exams doesn't mean he can't stick his finger up your A$$.

_________________
I like everyone when I first meet them. If you don't like me that's not my problem it's YOURS!
A stranger is a friend you haven't met yet

I have no idea how it is in any other state, but in Florida an attorney can practice in ANY area. If they take a case in an area they are not familiar with, it is their duty to BECOME proficient in that area.

Doesn't that leave room for a ton of mistakes to be made, if you're learning on the fly?

Most attorneys would not take a complex case in an area they are not familiar with if they felt they couldn't handle it. If they screw it up, they'll get sued for malpractice. The Bar will also impose sanctions (up to disbarment.)

That's why they call it a "Practice"..

Isn't that why they say an attorney is "practicing law" and most attorneys I know often are involved in continuing education programs.

_________________
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!

All these arguements about what and what can't be litigated by Harrington Law is ridiculous. It's baseless and has little or no foundation. Do you actually think a professional law firm like Harrington would put themselves or their client at risk providing legal services for something they couldn't pursue? Seriously?

The "grasping at straws" approach that is becoming the norm around here to try and discredit Sound Choice's allies are ridiculous. Two minute searches on Google and running here to spew your venom does not make you Perry Mason.

_________________
Sound Choice and Chartbuster Certified

I'm currently in Gainesville for a week for a CLE. (continuing legal education)

the 2011 version of http://www.floridabar.org/DIVCOM/JN/JNn ... 380060ACB7

For those questioning Mr Harrington's creditentials, here is his web page:

http://harringtonpractice.com/professionals.php?id=1

Now I hope this ends the foolishness.

_________________
You can be strange but not a stranger

Thanks timberlea.

This one makes it pretty clear, yeah?

Bar Admissions
United States Patent & Trademark Office, 2001

_________________
"Just Say NO, To Justin Bieber & His Beatle Haircut"

As I said...,



Furthermore...,



Since this thread was initiated by Mr. Harrington, I suggest we put a hold our inter-forum backroom/jailhouse legal consultation and patiently monitor this thread for input from Mr. Harrington.

And while I don’t intend to take anyone’s word as gospel, I do wish to learn and weigh the information; fact or fiction.

_________________
EveningStar Entertainment & Events
JR & Michele LaPorte
Peoria, AZ

Exactly! We keep running these people off here and then only a few get access to the info. Give people credit for being able to see through some of this stuff but let us see the spin--otherwise it doesn't really stop anything. It just drives it underground and stops communication altogether.

I'd find it hard to believe he would answer anything, or even say anything........since he represents the mentioned clients, anything he says on here can be used against his clients in court. Guess posting on here(if it's really him) would be his first mistake.
Anyway, I will always remain 1/1, and wait to be called out, instead of asking for an audit, and paying an annual fee. I don't care if he reads every post. I have no questions for him, and don't care for his legal opinions.....until the gavel slams, that's all they are...opinions.......welcome though, whoever you are......

Well…, He offered, and initiated this thread. I’m just waiting for him to be true to his word (or not). Either way, we should see what he’s made of.

I share your position here as well. I see no necessity for asking permission (and paying for it as well) for something, that from my understanding, falls under the heading of “Fair Use”.

Opinions…, just like all the rest here on KS; so what’s one more? It could be enlightening. It could be BS. Personally I look forward to reading their perspective.

But that’s just me…

_________________
EveningStar Entertainment & Events
JR & Michele LaPorte
Peoria, AZ

UNfortunately Fair use does not include Commercial use.

_________________
The Line Array Experiment is over. Nothing to see here. Move along.

No sir, you are misquoting the law.

I have posted this before, I will post it again:


The four factors identified by Congress as especially relevant in determining whether the use was fair are: (1) the purpose and character of the use; (2) the nature of the copyrighted work; (3) the substantiality of the portion used in relation to the copyrighted work as a whole; (4) the effect on the potential market for or value of the copyrighted work. Harper & Row, Publrs. v. Nation Enters., 471 U.S. 539, 560-561 (U.S. 1985)

The fact that a publication was commercial as opposed to nonprofit is a separate factor that tends to weigh against a finding of fair use. "[Every] commercial use of copyrighted material is presumptively an unfair exploitation of the monopoly privilege that belongs to the owner of the copyright." Id. Quoting Sony Corp. of America v. Universal City Studios, Inc., 464 U.S., at 451.

The crux of the profit/nonprofit ( home/commercial use) distinction is not whether the sole motive of the use is monetary gain but whether the user stands to profit from exploitation of the copyrighted material without paying the customary price. Harper & Row, Publrs. v. Nation Enters., 471 U.S. 539, 562 (U.S. 1985).

A 1-1 KJ paid the customary price for the copyrighted material.

Effect on the Market. Finally, the Act focuses on "the effect of the use upon the potential market for or value of the copyrighted work." This last factor is undoubtedly the single most important element of fair use. n9 See 3 Nimmer § 13.05[A], at 13-76, and cases cited therein. "Fair use, when properly applied, is limited to copying by others which does not materially impair the marketability of the work which is copied." 1 Nimmer § 1.10[D], at 1-87. Harper & Row, Publrs. v. Nation Enters., 471 U.S. 539, 567 (U.S. 1985)


Again, A 1-1 KJ paid the customary price for the copyrighted material (CD+G discs). The only argument that a 1-1 media shift materially impairs the marketability of the work copied is the argument that the KJ who 1-1 shifted CD+G product to MP3+G will not re-purchase the same tracks as downloads or other files in MP3 format specifically for computer use in the future.


I am NOT an IP attorney and this is NOT legal advice.

Thanks Singyoassoff!
Explains why they sue one one teensy technicality for "trademark" instead.

Do you truly believe the importance of an established trademark is "teensy"?

Do you own a trademark?

What "technicality" would cause you to defend it?

_________________
Never the same show twice!