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c. staley
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Posted: Thu Aug 04, 2016 9:59 am |
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Joined: Thu Jun 06, 2002 7:26 am Posts: 4839 Location: In your head rent-free Been Liked: 582 times
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JimHarrington wrote: c. staley wrote: No, you're suing customers that purchased the product and you call them "technical infringers." The experience of the last 7 years has shown that the number of actual "technical infringers" we've sued is extremely small in comparison to the number of actual pirates (as in well under 1%). But, then again, you never let facts get in the way of an argument. And that number isn't zero so I was still correct: you sue customers. Period. You also sue venues whose only mistake was to have karaoke entertainment in the first place. It always amazed me how you expect a venue to scrutinize their karaoke operator regarding the source and legality of their music, however you're quick to point out that it's nobody's business if we KJ's were to scrutinize the legality of the original tracks that were sold to us to use in commercial settings. It's a bit of a double standard, but that's all water under the bridge. In the States of Wisconsin, Illinois, and Indiana, you no longer have any right to sue anyone for trademark infringement that is playing back a karaoke track and not selling it because the courts have determined that it is not trademark infringement, and that it never was trademark infringement. There is no such thing as "media shifting" being a violation in District 7. Buh-bye. This is not Jim Harrington or Kurt Slep deciding that it is trademark infringement and a violation of the Lanham act anymore, this is the United States federal government defining what is and is not trademark infringement by the very same premise you used to initiate these lawsuits - the Lanham Act. Your days of using deeper pockets and abusing the court system to scare up trolling settlement payments out of KJ's and venues are just starting to wind down to a close. so you better step up your game in district 9 before the appellate court locks you out of nine more states sometime during or after November. There's no questioning who I'm rooting for. ("Skiddle-Da-Roo, Skiddle-Da-Rad! We hope you don't get beat too bad!")Like I said: "You can put poison into the well, taking it out is far more difficult."
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JimHarrington
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Posted: Thu Aug 04, 2016 10:16 am |
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Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
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c. staley wrote: And that number isn't zero so I was still correct: you sue customers. Period. We sue customers who couldn't be bothered to respect the very clear restrictions on the products they purchased--but if they show 1:1 correspondence, they are let off without any consequences. c. staley wrote: You also sue venues whose only mistake was to have karaoke entertainment in the first place. We sue venues who are warned, in writing, not to allow pirate operators to provide services on their premises, and we offer a free service for screening their operators. The only ones we sue are the ones who ignore those warnings and don't take advantage of our screening service and use pirate operators anyway. c. staley wrote: There's no questioning who I'm rooting for. Of course not. You've been with the pirates from day one. Why change now?
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c. staley
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Posted: Thu Aug 04, 2016 11:36 am |
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Joined: Thu Jun 06, 2002 7:26 am Posts: 4839 Location: In your head rent-free Been Liked: 582 times
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JimHarrington wrote: c. staley wrote: And that number isn't zero so I was still correct: you sue customers. Period. We sue customers who couldn't be bothered to respect the very clear restrictions on the products they purchased--but if they show 1:1 correspondence, they are let off without any consequences. Why should they show you anything? - Did you sell them the product? Nope.
A now-defunct company sold the product, not you. - Has the court determined that there has been NO infringement? YES.
You just don't want to take "no" for an answer, I get it and it explains why all these years, you've never wanted a court to make a final determination. JimHarrington wrote: c. staley wrote: You also sue venues whose only mistake was to have karaoke entertainment in the first place. We sue venues who are warned, in writing, not to allow pirate operators to provide services on their premises, and we offer a free service for screening their operators. The only ones we sue are the ones who ignore those warnings and don't take advantage of our screening service and use pirate operators anyway. See above, no infringement, no foul. (and you don't offer anything "free" ) JimHarrington wrote: c. staley wrote: There's no questioning who I'm rooting for. Of course not. You've been with the pirates from day one. Why change now? Not really. I sided with EMI and other publishers against the biggest pirates of all long ago... Sorry if that looks familiar to you.
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Paradigm Karaoke
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Posted: Thu Aug 04, 2016 3:51 pm |
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Joined: Thu Aug 12, 2010 6:24 pm Posts: 5107 Location: Phoenix Az Been Liked: 1279 times
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JimHarrington wrote: Of course not. You've been with the pirates from day one. Why change now? no.... none of us are "with the pirates", we all want the pirates gone, we all want the pirates paying for their theft. we are "with" the legit hosts, who are the only ones paying PEP anything for the piracy of the pirates. we just think it should be the other way around, pirates paying and customers not.
_________________ Paradigm Karaoke, The New Standard.......Shift Happens
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timberlea
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Posted: Sat Aug 06, 2016 1:28 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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If you're using original discs in your shows, you don't need GEMs, PEP, Safe Harbour or anything else. When you change from that then there are certain procedures that need to be done.
_________________ You can be strange but not a stranger
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Smoothedge69
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Posted: Sat Aug 06, 2016 5:06 pm |
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Joined: Sun Dec 19, 2004 2:55 am Posts: 3885 Images: 0 Been Liked: 397 times
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timberlea wrote: If you're using original discs in your shows, you don't need GEMs, PEP, Safe Harbour or anything else. When you change from that then there are certain procedures that need to be done. If you are using original SOUND CHOICE and now CHARTBUSTER. Timberlea, do NOT confuse people into thinking that PEP can do ANYTHING about any other brand!!
_________________ I am the ONLY SANE 1 HERE
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Bazza
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Posted: Tue Aug 09, 2016 8:34 pm |
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Joined: Mon Nov 24, 2008 8:00 am Posts: 3312 Images: 0 Been Liked: 610 times
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Smoothedge69 wrote: timberlea wrote: If you're using original discs in your shows, you don't need GEMs, PEP, Safe Harbour or anything else. When you change from that then there are certain procedures that need to be done. If you are using original SOUND CHOICE and now CHARTBUSTER. Timberlea, do NOT confuse people into thinking that PEP can do ANYTHING about any other brand!! In other words, feel free to pirate those brands. Or do I misunderstand?
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Karaoke Croaker
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Posted: Tue Aug 09, 2016 8:49 pm |
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Super Poster |
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Joined: Wed Dec 16, 2015 4:07 pm Posts: 576 Been Liked: 108 times
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According to Federal Court in District 7; it's okay to media shift SC and CB too. The wolf has had it's teeth pulled out. District 9 will be next. The rest will follow like dominoes.
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Paradigm Karaoke
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Posted: Tue Aug 09, 2016 10:21 pm |
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Joined: Thu Aug 12, 2010 6:24 pm Posts: 5107 Location: Phoenix Az Been Liked: 1279 times
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Bazza wrote: Smoothedge69 wrote: timberlea wrote: If you're using original discs in your shows, you don't need GEMs, PEP, Safe Harbour or anything else. When you change from that then there are certain procedures that need to be done. If you are using original SOUND CHOICE and now CHARTBUSTER. Timberlea, do NOT confuse people into thinking that PEP can do ANYTHING about any other brand!! In other words, feel free to pirate those brands. Or do I misunderstand? you misunderstand. it is ok to media shift any other brand on the planet without extraneous fees and audits. that is NOT piracy.
_________________ Paradigm Karaoke, The New Standard.......Shift Happens
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Smoothedge69
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Posted: Thu Aug 11, 2016 11:05 am |
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Joined: Sun Dec 19, 2004 2:55 am Posts: 3885 Images: 0 Been Liked: 397 times
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Paradigm Karaoke wrote: Bazza wrote: Smoothedge69 wrote: timberlea wrote: If you're using original discs in your shows, you don't need GEMs, PEP, Safe Harbour or anything else. When you change from that then there are certain procedures that need to be done. If you are using original SOUND CHOICE and now CHARTBUSTER. Timberlea, do NOT confuse people into thinking that PEP can do ANYTHING about any other brand!! In other words, feel free to pirate those brands. Or do I misunderstand? you misunderstand. it is ok to media shift any other brand on the planet without extraneous fees and audits. that is NOT piracy. Thank you. I hadn't gotten around to answering his accusation. AND itis fine to BUY songs from those companies, if you can find them. I am one, that occasionally buys from BKDL. WHY? The songs are available, no one is enforcing those brands, and it is not MY job to make sure the license is there. I know some of you do not agree with this, but if I have a customer request, and I can only find it there, I will buy it, and make my customer happy. I will say this, down the road, if said song becomes available from Karaoke-version, I will buy that version, because I know the quality will be better.
_________________ I am the ONLY SANE 1 HERE
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chrisavis
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Posted: Thu Aug 11, 2016 12:56 pm |
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Joined: Fri Dec 02, 2011 12:38 pm Posts: 6086 Images: 1 Location: Redmond, WA Been Liked: 1665 times
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Smoothedge69 wrote: Thank you. I hadn't gotten around to answering his accusation. AND itis fine to BUY songs from those companies, if you can find them. I am one, that occasionally buys from BKDL. WHY? The songs are available, no one is enforcing those brands, and it is not MY job to make sure the license is there. I know some of you do not agree with this, but if I have a customer request, and I can only find it there, I will buy it, and make my customer happy. I will say this, down the road, if said song becomes available from Karaoke-version, I will buy that version, because I know the quality will be better. I should start making more karaoke tracks and then put up a web site. Sound like I would get sales....
_________________ -Chris
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mrmarog
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Posted: Thu Aug 11, 2016 5:13 pm |
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Joined: Thu Jul 10, 2008 5:13 pm Posts: 3801 Images: 1 Location: Florida Been Liked: 1612 times
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chrisavis wrote: Smoothedge69 wrote: Thank you. I hadn't gotten around to answering his accusation. AND itis fine to BUY songs from those companies, if you can find them. I am one, that occasionally buys from BKDL. WHY? The songs are available, no one is enforcing those brands, and it is not MY job to make sure the license is there. I know some of you do not agree with this, but if I have a customer request, and I can only find it there, I will buy it, and make my customer happy. I will say this, down the road, if said song becomes available from Karaoke-version, I will buy that version, because I know the quality will be better. I should start making more karaoke tracks and then put up a web site. Sound like I would get sales.... And Chris, you would then belong to a very large group (manus) that has done exactly that.
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chrisavis
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Posted: Thu Aug 11, 2016 9:09 pm |
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Joined: Fri Dec 02, 2011 12:38 pm Posts: 6086 Images: 1 Location: Redmond, WA Been Liked: 1665 times
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mrmarog wrote: And Chris, you would then belong to a very large group (manus) that has done exactly that. You didn't indicate that would be a bad thing.
_________________ -Chris
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mrmarog
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Posted: Fri Aug 12, 2016 4:59 am |
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Joined: Thu Jul 10, 2008 5:13 pm Posts: 3801 Images: 1 Location: Florida Been Liked: 1612 times
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chrisavis wrote: mrmarog wrote: And Chris, you would then belong to a very large group (manus) that has done exactly that. You didn't indicate that would be a bad thing. I guess that would depend on whether you were sued out of existence or not.
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chrisavis
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Posted: Fri Aug 12, 2016 5:55 am |
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Joined: Fri Dec 02, 2011 12:38 pm Posts: 6086 Images: 1 Location: Redmond, WA Been Liked: 1665 times
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Doesn't seem to be stopping the BuyKaraokeDownloads folks.....
_________________ -Chris
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mrmarog
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Posted: Fri Aug 12, 2016 6:19 am |
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Joined: Thu Jul 10, 2008 5:13 pm Posts: 3801 Images: 1 Location: Florida Been Liked: 1612 times
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chrisavis wrote: Doesn't seem to be stopping the BuyKaraokeDownloads folks..... Very true!
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Smoothedge69
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Posted: Fri Aug 12, 2016 7:21 am |
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Joined: Sun Dec 19, 2004 2:55 am Posts: 3885 Images: 0 Been Liked: 397 times
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chrisavis wrote: I should start making more karaoke tracks and then put up a web site. Sound like I would get sales....
Hey, make good tracks, and I will buy the Hell out of them. Taking requests?? Your first track, Forevermore - from Whitesnake, please.
_________________ I am the ONLY SANE 1 HERE
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mwanteddj
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Posted: Wed Sep 07, 2016 7:12 pm |
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Joined: Mon Jul 06, 2015 11:14 am Posts: 23 Been Liked: 8 times
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c. staley wrote: JimHarrington wrote: c. staley wrote: No, you're suing customers that purchased the product and you call them "technical infringers." In the States of Wisconsin, Illinois, and Indiana, you no longer have any right to sue anyone for trademark infringement that is playing back a karaoke track and not selling it because the courts have determined that it is not trademark infringement, and that it never was trademark infringement. There is no such thing as "media shifting" being a violation in District 7. Buh-bye. This is not Jim Harrington or Kurt Slep deciding that it is trademark infringement and a violation of the Lanham act anymore, this is the United States federal government defining what is and is not trademark infringement by the very same premise you used to initiate these lawsuits - the Lanham Act. Your days of using deeper pockets and abusing the court system to scare up trolling settlement payments out of KJ's and venues are just starting to wind down to a close. so you better step up your game in district 9 before the appellate court locks you out of nine more states sometime during or after November. There's no questioning who I'm rooting for. ("Skiddle-Da-Roo, Skiddle-Da-Rad! We hope you don't get beat too bad!")WAIT! WHAT? I have been avoiding reading these because (thinking I am in the middle of a F'n FRIVOLOUS lawsuit, I have chosen to not read because I didn't want to be tempted to comment.) Now, assuming what you've written here is correct... man, I really really want to go off and "unload" on Harrington, Schlep, and F'n Phoenix! ("unload" verbally that is, but I will continue to be a bigger, better human being. My momma taught me that "if you can't say anything nice..."). However, I was reading this on Monday night, and it prompted me to call my (new/second/better) attorney. I even specifically asked about the "dismissal in the 7th district" but, when I called yesterday, he didn't act as if we were done yet. He was speaking as if my particular case has to be dismissed. But, if what you've said here is correct...? Am I finally out of the woods? Is this G-d-blessed nightmare finally OVER? IF so, I am unsure what my attorney is waiting for. Why would he keep me in suspense? I asked if I could expect good news, and he did seem affirmative. So now I am cautiously, a bit more optimistic than yesterday.
Last edited by mwanteddj on Wed Sep 07, 2016 9:19 pm, edited 2 times in total.
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mwanteddj
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Posted: Wed Sep 07, 2016 7:45 pm |
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Joined: Mon Jul 06, 2015 11:14 am Posts: 23 Been Liked: 8 times
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Does this "dismissal" in district 7, indeed make me (and therefore venues I serve) exempt from any lawsuit from say, July of 2015, or from any further legal action from these low- lying bottom feeders in the future?
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c. staley
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Posted: Wed Sep 07, 2016 9:36 pm |
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Joined: Thu Jun 06, 2002 7:26 am Posts: 4839 Location: In your head rent-free Been Liked: 582 times
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mwanteddj wrote: Does this "dismissal" in district 7, indeed make me (and therefore venues I serve) exempt from any lawsuit from say, July of 2015, or from any further legal action from these low- lying bottom feeders in the future? I would recommend that you contact the attorney that represented the Basket Case Pub in the district 7 case.
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